No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination at New College.
If this is an emergency, dial 911 or Campus Police at (941) 487-4210.
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.
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.
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.
To file a Title IX Report, please complete the online form which will be reviewed by the Dean of Students office: Report a Title IX Violation.
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:
Brian Mistler, Title IX Coordinator
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.
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.
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.
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: