Title IX

If this is an emergency, dial 911 or Campus Police at (941) 487-4210.

New College of Florida Title IX Regulation
Know Your Rights

FAQs
What is Title IX?
What is prohibited?
Who can I talk to/How do I report?
What happens when I file a complaint?
  

Title IX and its implementing regulation 34 C.F.R section 106.31 provide that no person shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the College.

Sexual harassment is a form of sexual discrimination prohibited by Title IX. Sexual harassment is unwelcome conduct of a sexual nature, including rape, sexual assault, sexual battery and sexual coercion or other sexual misconduct.

  • What is prohibited?
  • Sexual Misconduct: Sexual violence, including rape, sexual assault, sexual battery and sexual coercion, are physical sexual acts, perpetrated against a person’s will or while a person is incapable of giving legal consent.
  • Sexual assault: Sexual conduct that constitutes sexual abuse, conduct or contact either by force, incapacitation or threat. 
  • Domestic violence: Violence committed by a current or former spouse, co-parent or person similarly situated.
  • Dating violence: Violence committed by a person who is or has been in a social relationship of an intimate or romantic nature with the victim. 
  • Stalking: Conduct directed at a specific person that could cause a reasonable person to fear for the person’s safety or safety of others or suffer substantial emotional distress. 

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or educational experience; 

Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting that individual; or

Such conduct is so pervasive or severe that it has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or limiting participation in College programs by creating an intimidating, hostile, or offensive working or educational environment.

Who can I talk to/How do I report?
You can speak to anyone that you feel comfortable talking to. However, it is important you know that NCF employees, including faculty, resident assistants, other student employees, staff, or trustees are all considered mandatory reporters and must report information about sexual misconduct to the Title IX Coordinator or designee.

There are exceptions, however, if you want to speak to someone confidentiality. These people/offices can provide you with resources and options and can help explain how various legal or administrative procedures work. They will not share what you tell them unless you want them to.

  • Counseling and Wellness Center: 941-487-4254
  • Victims Advocate Concetta Hollinger: 941-5899

If you want to file a complaint with the College you can do so by contacting the following individuals / offices below. You may share as much information as you feel comfortable providing, may file a complaint anonymously, and may request that your name or other identifiable information not be disclosed to the alleged perpetrator. However, providing more information will assist the College with conducting an investigation and asking the College to not disclose your name will limit the ability of the College to respond. Additionally, if you decide to file a complaint but ask the College not to take action, the College may still be required to take steps to protect the overall campus environment. In such an event, however, the College will do its best to protect your identity.

To file a complaint, please contact one of the following offices. Please also note that you may have the victims advocate present when you file a complaint, when you are interviewed, and during other parts of the process:

Tracy Murry, Dean of Student Affairs
tmurry@ncf.edu
941-487-4251

Mark St. Louis, General Counsel
mstlouis@ncf.edu
941-487-4877

Campus Police
941-487-4210 

  • What happens when I file a complaint?

If you meet with the victim’s advocate or with counselors in the Counseling and Wellness Center then they may maintain confidentiality and will not engage the complaint process unless you ask them to.

If you want the College to take action and you file a complaint/report with the Dean of Student Affairs, Campus Police, General Counsel, or Title IX Coordinator, the following will occur.

Remedial Actions:
At any point, including before an investigation begins, the Title IX Coordinator or a designee may take remedial action as required. Remedial actions are designed to prevent serious and immediate harm to the complainant or others, prevent retaliation against anyone, end discriminatory or harassing behavior and prevent its occurrence. This may include, but is not limited to altering the complainant or respondent’s work or academic environment, providing counseling and medical services, issuing no contact orders, transferring students or faculty to different courses, moving students to different rooms in the residence hall or to a different hall, and other actions.

Investigation:
When the College receives a complaint it will begin an investigation into what happened. This includes collecting and reviewing evidence and interviewing witnesses/parties to clarify allegations, discuss the desired outcomes of the investigation, and obtain detailed information about the allegations. Both parties will have an opportunity to respond to the allegations during their individual interview with the investigator, both can provide names of witnesses and other additional materials, and both have the right to have an attorney or non-attorney advisor present, at their own expense, during the interview or other proceedings (however, the advisor or attorney may not participate directly).

After completing the investigation, the investigator will present a report of findings. This will summarize the general testimony of the witnesses and other evidence, determine whether the allegations of the complaint are supported by the preponderance of credible evidence, determine if other College policies have been violated and, if appropriate, recommend disciplinary and/or remedial actions. Both parties will be provided a copy of the report.

If neither party wishes to appeal then the report will be the final College decision. If either party wishes to dispute the report the appealing party has 10 days to do so.

Appeal:
Either party may appeal the report of findings and/or disciplinary actions. The appeal must identify the specific findings that the appellant disputes and explain the reason why each finding is disputed. Additionally, the appeal must be based on evidence that:

The investigation was not conducted in compliance with the procedures and the non-compliance materially affected the outcome of the investigation;
The findings were not based on the preponderance of the credible evidence; or 
The appellant has discovered new evidence, not previously available, which would have materially affected the outcome of the investigation.

 

 

Mark St. Louis, General Counsel
New College of Florida
COH 204
5800 Bay Shore Road
Sarasota, FL 34243

Phone: (941) 487-4877
Fax: (941) 487-4101
mstlouis@ncf.edu