Frequently asked questions REGARDING TITLE IX AND REGULATION 7.008 BEST PRACTICES AND COMPLIANCE

 

What is Title IX?

  • Title IX of the Education Amendments of 1972 is a federal law intended to end sex discrimination in all areas of education.
  • Applies to non-discrimination based on sex/gender/gender identity/gender expression to all recipients of federal funds, both private and public institutions.
  • Applies to all issues of program equity, such as in athletics, and also to sexual harassment and sexual assault.

 

Who is an Official with Authority?

  • At Florida Atlantic University, responsible employees are not confidential resources. A responsible employee is a University employee who has the authority to address Prohibited Sexual Conduct, who has the duty to report incidents of Prohibited Sexual Conduct, or who a member of the University community could reasonably believe has such authority or duty.
  • The only university employees who are confidential resources include licensed professional counselors/mental health providers, such as those at the Counseling and Psychological Services Office (CAPS); pastoral counselors acting in that capacity; and medical professionals, such as those at the Student Health Center. They still have a duty to report under Clery Act.

 

What information is an Official with Authority obligated to report?

Employees with a duty to report must share all details of the reports or information they receive.

  • The name of the person who is reporting
  • The name of the alleged respondent (if known/disclosed)
  • The name(s) of other individual(s) involved (if known/disclosed)
  • The relevant facts such as the date, time and location
  • Though faculty and employees have mentoring and other close relationships with colleagues and students, as a responsible employee you may not promise confidentiality.

 

What should a responsible employee tell a student who discloses an incident of sexual harassment, discrimination or sexual misconduct?

  • The responsible employee must disclose any information provided to the Title IX Coordinator or designee.
  • The student should carefully consider whether they wish to share personally identifiable details.
  • The student has the right to decide whether or not to file a Title IX complaint with the university, file a criminal complaint with FAUPD or other law enforcement agency, pursue both the Title IX complaint and criminal complaint, or choose not to pursue any of the above options.
  • The student has the right to expect to have their complaint taken seriously by the university when reported, and to have those incidents investigated thoroughly and properly resolved pursuant to the policy.
  • Emphasize to the student that although you may not keep the information confidential, only those individuals with a need to know the information will be informed.
  • Advocacy is available. You may even call the advocate with the student.

 

How should I respond when a student discloses that they have been a victim of harassment or sexual misconduct?

  • Listen and believe them.  It takes a lot of courage to share what has happened.
  • Don’t press for details about the incident or pressure them into taking action.
  • Encourage and assist the student in finding support through the university, friends and family.
  • Be non-judgmental.  Asking questions about the incident can result in the student feeling responsible for what happened.

 

What happens after a responsible employee reports to the Title IX coordinator, Victim Services, FAUPD or other university official?

  • The student will be contacted by one of the victim advocates.  The victim advocate will:
  • Provide information about and assistance with criminal and university reporting processes
  • Provide support for victims of harassment and sexual misconduct
  • Answer any questions about the university’s Title IX Policy
  • Assist with housing, academic and other related matters and concerns
  • Assist in creating a safety plan

 

Why am I required to report details of reported harassment or sexual misconduct?

  • Assures appropriate services to victims of harassment and sexual misconduct
  • Assures students have access to all services and resources the university is able to provide
  • Fosters transparency about campus crimes
  • Allows the university to appropriately remedy discrimination and harassment

 

How do I avoid discrimination in the classroom?

When class assignments require group projects, it is best practice to randomly create the groups rather than allowing students to self-select or group by gender.

Create a classroom climate that does not tolerate:

  • Offensive or degrading comments
  • Offensive jokes
  • Obscene gestures

Always respect personal boundaries including but not limited to:

  • Physical contact
  • Initiating discussions about sexual orientation, gender identification or gender expression
  • Comments about physical appearance.
  • Institute a policy of blind grading (no personally identifiable information) if applicable

 

Please direct all questions to:

Bobby Brown (brownb@simplykimberly.com)  
Executive Director & Title IX Coordinator