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Policy and Process

When we receive a report of sexual violence or gender-based harassment, there is a policy and procedure in place to make sure every step is clear and transparent for all parties.  It is our policy to take appropriate action to prevent incidents of sexual misconduct and to provide prompt and equitable methods of investigation and resolution to stop discrimination, address its effects, and prevent its recurrence.

Violations of this policy may result in suspension, dismissal, or expulsion.

Policy and Process

September 2018 Policy Updates
  • General wording to make it more clear (throughout)
  • Replace gender specific pronouns with gender neutral pronouns (throughout)
  • Replace victim/perpetrator with Reporting or Responding Party (throughout)
  • Added clear gender discrimination language to Sexual Harassment (throughout)
  • Replaced ‘adjudication’ with ‘resolution’ or ‘formal hearing’ (throughout)
  • Added Tallahassee Campus contact information (throughout)
  • Aramark and Bookstore managers are Responsible Employees (Article II, p. 7)
  • Disclosures during Public Awareness Events (Take Back the Night, candlelight vigils, protests, survivor speak outs, or other public forums in which individuals may disclose incidents of Sexual Misconduct) will not trigger Flagler College to conduct an investigation, unless the individual making this discloser initiates a complaint under this policy. (Article II, p. 7)
  • Anonymous Reports has a website in addition to a phone number (Article II, 7)
  • Parties have the right to have their Advisors included in communication (Article IV, 12)
  • Limited Immunity was changed to Amnesty for minor policy violations, and the Dean of Students, in conjunction with the Title IX Coordinator, will determine what is considered mild on a case-by-case basis (Article IV, 13)
  • Added clarification for a Notice of Investigation (Article IV, 16)
  • Rearrangement of groups: Students, Employees, and Vendors/Contractors (Article VI)
  • Clarified wording for informal resolution to “acknowledge and take responsibility for their actions” (Article VI, p. 19)
  • Parties are able to request an appointment to view all evidence with the Assigned Title IX Coordinator. (Article VI, p. 21)
  • Added details of a pre-hearing conference with panel members (Article VI, p.21)
  • New process for Resolving Allegations Against Vendors/Contractors (Article VI, p. 34-35)
  • Aside from interim disciplinary measures instituted pursuant to Section 5.02(b), the Responding Party’s status will remain unchanged until the appellate process is final except in cases where sufficient evidence exists to demonstrate that the Responding Party is a danger to themselves or others. (Article VII, p. 36)
  • Appeals will be shared with the other party (Article VII, p. 37)
  • Added Outside Resources on Title and Rights (Exhibit A, p. 42)
  • Added Definitions (Exhibit B)
    • Employees
    • Hostile Environment
    • Incest
    • Parties
    • Public Awareness Events
    • Third Parties
    • Title IX Coordinator
    • Vendor/Contractor
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Article I - Introduction

Section 1.01 Prohibition Against Sex Discrimination.

Flagler College (“Flagler” or the “College”) is committed to providing and maintaining programs, activities, and an educational and work environment founded on civility and respect, where no one is unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination in any College program or activity on the basis of gender, sex, sexual orientation, sexual identity, gender identity, or gender expression (“sex discrimination”).

Sexual Misconduct, as defined in this Policy, encompasses all forms of sex-based discrimination that may deny or limit an individual’s ability to participate in or benefit from College programs or activities.  

It is the policy of the College to provide educational, preventative, and training programs regarding Sexual Misconduct; to encourage reporting of incidents of Sexual Misconduct; to take appropriate action to prevent incidents of Sexual Misconduct in Flagler College programs and activities; to make services available for those who have been affected by Sexual Misconduct; and to provide prompt and equitable methods of investigation and resolution to stop discrimination, address its affects, and prevent its recurrence.

Sexual Misconduct and Retaliation, as defined in this Policy, are prohibited.  Violations of this Policy may result in the imposition of sanctions up to and including suspension, dismissal, or expulsion.

Section 1.02 Scope and Applicability of This Policy. 

A.   Jurisdiction (the people, places, and types of conduct covered by this Policy).

This Policy applies to any allegation of Sexual Misconduct made by or against a student or an employee of the College or a Third Party when the alleged Sexual Misconduct occurred:

  1. On College property, or
  2. Off College property, if:                 
    a)    the conduct was in connection with a College sponsored program or activity; or
    b)    the conduct may have the effect of creating a hostile environment for a member of the College community.

In the case of allegations of Sexual Misconduct, unless otherwise stated herein, this policy supersedes and applies in lieu of all other procedures and policies pertaining to Sexual Misconduct.

B.   Period of Limitations on Reporting Sexual Misconduct. 

Sexual Misconduct may be reported at any time, regardless of the length of time between the alleged Sexual Misconduct and the making of the report.  However, the College strongly encourages individuals to report Sexual Misconduct promptly in order to preserve evidence.

Section 1.03 Definitions Applicable to This Policy. 

Capitalized terms used in this Policy are defined in Exhibit B.

Section 1.04 Sexual Misconduct Education

A.   Outreach and prevention 

Flagler College is committed to the prevention of Sexual Misconduct and routinely conducts outreach and educational programming designed to increase awareness of the prevalence of Sexual Misconduct involving  students and other College constituents, informs the Flagler College community about issues related to Sexual Misconduct (such as substance abuse and the role of the bystander), and promotes knowledge of the College’s  Sexual Misconduct Policy.

B.   Training 

The College regularly conducts Sexual Misconduct training for its constituents, including the following groups:

  • Title IX Coordinator & Deputy Title IX Coordinators
  • Investigators
  • Members of the Hearing Panel & persons who determine appeals
  • Employees
  • Students
  • College Security Officers

These groups are trained, as appropriate and applicable, on such subjects including, but not necessarily limited to, the following:

  • This Sexual Misconduct Policy.
  • Title IX and related regulatory guidance.
  • The College’s responsibility to address allegations of Sexual Misconduct.
  • Recognizing and responding to reports of Sexual Misconduct.
  • Understanding common and counterintuitive responses (during and after an incident) and the effect of Sexual Misconduct.
  • Understanding the link between substance abuse and Sexual Misconduct.
  • Which employees are “Responsible Employees” and which individuals and offices are confidential resources for Students.
  • Reasonable, appropriate, and sensitive investigative, interview, and hearing techniques that promote safety and accountability.
  • Issues related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking.

Section 1.05 Title IX Team

The Title IX Team is generally comprised of the Title IX Coordinator, Deputy Title IX Coordinators, Reporting/Responding Party Advisors, Investigators, and Special Advisors.

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ARTICLE II - Reporting Policies and Protocols

Section 2.01 How and Where to Report Sexual Misconduct.

For information regarding seeking medical assistance and emotional support, as well as important contact information for local law enforcement agencies and Flagler Hospital, see Exhibit A attached to this Policy.

Sexual Misconduct constitutes a violation of College policy and can be a criminal offense. The College strongly encourages individuals to report alleged Sexual Misconduct promptly to campus officials and to law enforcement authorities, where appropriate. 

The College respects an individual’s decision to not report an incident of Sexual Misconduct; however, subject to the Confidentiality provisions outlined in Article III of this Policy, if information about Sexual Misconduct comes to the attention of the College, the College (1) will review all information available to it to determine if an investigation must be initiated and/or (2) may notify appropriate law enforcement authorities if required or warranted by the nature of the information of which it becomes aware.

Section 2.02     Reporting to the College.

A.   Mandatory Reporters.  The Title IX Coordinator and Responsible Employees are Mandatory Reporters.  These individuals are REQUIRED to relay the allegations to the Title IX Coordinator.  Individuals who are not classified as Mandatory Reporters are not subject to the same reporting requirement and in some instances, are prohibited from reporting alleged Sexual Misconduct to others absent an expressed directive from the individual to do so.  Individuals may report information regarding Sexual Misconduct on their own behalf (i.e., personal experience) or on behalf of another person individual (i.e., Third-Party reporter).

i.      Title IX Coordinator
Jessica Kobryn, Title IX Coordinator, room 317 on the 3rd Floor of Proctor Library.  (904) 826-8553 or JKobryn@flagler.edu or titleix@flagler.edu 

ii.      Deputy Coordinators include:
St. Augustine Campus:
Dr. Daniel Stewart, Vice President of Student Services, 2nd floor of the Ringhaver Student Center, in the Office of Student Services. (904) 819-6238 or StewartD@flagler.edu.

Tara Stevenson, Director of the Career Development Center, 2nd floor of Anderson Cottage, 48 Sevilla Street. (904) 819-6508 or TStevenson@flagler.edu

Tallahassee Campus:
Dr. Melanie Jensen, Education Professor, Main Flagler College building on FCC’s campus, (850) 201-8070 or MJensen@flagler.edu

iii.      Responsible Employees.
A Responsible Employee is an employee of the College who has the obligation to convey to the Title IX Coordinator any reports or allegations of Sexual Misconduct of which they become aware. The following individuals are designated through this Policy as the College’s Responsible Employees:

1.     All employees serving in a supervisory or management role (including, for purposes of clarity, all Cabinet Members, Deans, Department Chairs, and their assistants; Coaches and Assistant Coaches; and all other employees who supervise activities or programs that involve direct contact with Students, such as advisors to recognized student organizations, or supervisors of students in work study positions.)
2.    Employees in the Office of Student Services
3.    Residence Life Staff, including Resident Advisors
4.    Chief Human Resources Officer and Human Resources Staff
5.    All College security personnel
6.    Registrar’s Office
7.    Faculty Members
8.    Academic Advisors
9.    CARE Team Coordinator
10. Aramark and Flagler College Bookstore Managers

Disclosures during Public Awareness Events (Take Back the Night, candlelight vigils, protests, survivor speak outs, or other public forums in which individuals may disclose incidents of Sexual Misconduct) will not trigger Flagler College to conduct an investigation, unless the individual making this discloser initiates a complaint under this policy.

iv.      Anonymous Reports.  Individuals may also file anonymous reports by calling (904) 826-8553 or visiting www.flagler.edu/title-ix and selecting “Report an Incident”.  Individuals who choose to file a report anonymously must understand it may limit the extent to which the College is able to address the issue.

Section 2.03     Reporting to Law Enforcement.

Individuals may file a criminal allegation directly with College or local law enforcement agencies by dialing 911 or by contacting a law enforcement agency directly at one of the numbers below:

St. Augustine Campus:

(a) Flagler College Office of Campus Safety and Security: (904) 819-6200
(b) St. Augustine City Police Department: (904) 825-1074
(c) St. John’s County Sheriff’s Office: (904) 824-8304
(d) St. Augustine Beach Police Department: (904) 471-3600

Tallahassee Campus:

(a) Tallahassee Community College Police Department: (850) 201-6100
(b) Tallahassee Police Department: (850) 891-4200
(c) Leon County Sheriff’s Office: (850) 606-3300

Individuals also may contact Flagler’s Title IX Coordinator for assistance in filing an allegation with local law enforcement.  See Section 2.02(A)(i) or Exhibit A for the Title IX Coordinator’s contact information.

Individuals who make a criminal allegation may also choose to pursue an Allegation with the College in accordance with this Policy

Reporting to the College:

WHAT HAPPENS AFTER I REPORT?

If you reported directly to the Title IX Coordinator or a Deputy Title IX Coordinator: The Title IX Coordinator will initiate the investigation and resolution process (unless you request confidentiality pursuant to Section 3.02, in which case the information will be held in confidence unless the Title IX Coordinator determines that, because of the College’s commitment to provide a reasonably safe and non-discriminatory environment, the request cannot be granted).
If you reported to a Responsible Employee: The Responsible Employee will forward the information to the Title IX Coordinator, who will initiate the investigation and resolution process
If you confided in Flagler Health Services or the Counseling Center:

The information you provided will remain strictly confidential and will not* be reported to a Title IX Coordinator (or anyone else) for investigation and resolution.

*Remember that in unusual circumstances, the information you share with Health Services or the Counseling Center (such as situations involving imminent harm to you, a member of the community or situations involving abuse of a child) may be disclosed.

If you reported to someone else: The individual may or may not report details regarding the information you provided to the Title IX Coordinator. This is because the individual to whom you reported is not obligated to relay allegations of Sexual Misconduct to the Title IX Coordinator.
If you made an anonymous report: The information in the anonymous report will be addressed promptly. Individuals submitting an anonymous report must understand it may limit the extent to which the College is able to address the issue.
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ARTICLE III - Confidentiality

Section 3.01      Confidentiality in Reporting and Disclosure. 

The College strongly encourages individuals who have experienced Sexual Misconduct to talk to someone about what happened, so they can get the support they need and the College can respond appropriately.

A.     Licensed Mental Health Counselors and Medical Staff.  Individuals may discuss Sexual Misconduct in strict confidence with College employees working in the following offices (“Strictly Confidential Resources”):

a.     Counseling Services
b.     Health Services

Strictly Confidential Resources are not Mandatory Reporters; therefore, disclosures to these individuals will not trigger an investigation under this Policy. However, these individuals may otherwise be required to disclose certain information in accordance with applicable laws including, but not limited to, allegations of abuse, neglect or abandonment of a child or information that involves imminent threats of harm to the health and/or safety of the individual or another individual.

B.   Mandatory Reporters. A disclosure to a Responsible Employee (defined in Section 2.02(A)(iii) constitutes a report to the College.

C.   Minors. Students under the age of 18 who file an Allegation should be aware that Florida law will likely require that the Flagler College employee receiving the Allegation report to the Florida Department of Children and Families any information that gives reasonable cause to suspect that a child has been abused, abandoned or neglected.

Section 3.02     Confidentiality in the Investigation and Resolution Processes.

A.    Sharing of Information (Applicable to All Reports and Allegations).  The College will respect and will make every feasible effort to avoid the disclosure of the information shared and the identities of the Parties involved in Sexual Misconduct matters. Information regarding alleged Sexual Misconduct will generally be disclosed by College personnel only as follows:

i. The College’s Responsible Employees will report information regarding alleged Sexual Misconduct to the Title IX Coordinator (see Section 2.02(A)(iii) for additional information on reporting to Responsible Employees).

ii. College personnel will handle information regarding alleged Sexual Misconduct in accordance with applicable local, state, and federal laws and may report alleged Sexual Misconduct to local law enforcement if warranted by the nature of the allegations at issue.

iii. College administrators will share information regarding alleged Sexual Misconduct, as appropriate and necessary, in order to address and resolve the allegation(s) at issue, prevent the recurrence of similar Sexual Misconduct, and address the effects of the Sexual Misconduct.

B.   Requests for Confidentiality.  If information regarding alleged Sexual Misconduct is shared with Responsible Employees, and the individual desires that the information not be shared with other Responsible Employees, with the Responding Party, or with others, even as appropriate and necessary to address the allegations, that the College not investigate the information, or that no disciplinary action be taken, the individual must request that the College treat such information as confidential.  This request must be made to the Title IX Coordinator.

i.      Evaluation of the Request.  The College takes requests for confidentiality seriously. The Title IX Coordinator will evaluate the request for confidentiality in the context of the College’s commitment to provide a reasonably safe and non-discriminatory environment and will determine whether such request will be granted.  In order to make such a determination, the Title IX Coordinator may conduct a preliminary investigation into the alleged Sexual Misconduct and may weigh requests for confidentiality against the following factors, among others:

a.   the seriousness of the alleged Sexual Misconduct (including, but not limited to, whether the Sexual Misconduct was committed with a weapon);

b.   the increased risk that the Responding Party will commit additional acts of Sexual Misconduct, such as

(i)    whether there have been other reports or allegations against the Responding Party,
(ii)   whether the Responding Party has a history of arrests or records from a prior school indicating a history of Sexual Misconduct or a history of violence,
(iii)  whether the Responding Party threatened further Sexual Misconduct or threatened violence against the individual or others, or
(iv)  whether the Sexual Misconduct was committed by multiple Responding Parties;

c.   whether the information reveals a pattern at a given location or by a particular group or person;

d.   the Responding Party’s right to receive information about the allegations in accordance with applicable laws;

e.  whether the Reporting Party is a minor; and

f.    whether the College possesses other means to obtain relevant evidence of the Sexual Misconduct (e.g., security cameras or security personnel, physical evidence).

The presence of one or more of these factors may lead the College to investigate and, if appropriate, pursue disciplinary action.  If none of these factors is present, the College may honor the request for confidentiality.

ii.      Determination as to Whether Request Can Be Granted.  The Title IX Coordinator will inform the person requesting confidentiality if the request can be granted or if the investigation must proceed without anonymity.

a.    If the College determines that it cannot maintain confidentiality, it will inform the individual prior to starting an investigation and will, to the extent possible, only share information with people responsible for addressing the allegations. The College will also take ongoing steps to protect the individual from Retaliation or harm and work with them to create a safety plan, if warranted, and assist the individual in accessing other services and interim measures (see Section 5.02(A)).

b.    If the College honors the request for confidentiality, the College’s ability to investigate and take reasonable action in response to an allegation of Sexual Misconduct may be limited. A Responding Party is entitled to know the name of the accuser and information regarding the nature of the allegations in order to defend against the allegations; thus, the College may not be able both to adjudicate the Allegation and to maintain confidentiality during that process.

Even when the College determines to abide by a request for confidentiality (and even if such request limits the College’s ability to take disciplinary action against the Responding Party):

1.     To the extent practicable and appropriate, the College will take prompt action to limit the effects of the alleged Sexual Misconduct and to prevent its recurrence. For instance, the College may take appropriate interim measures to ensure an individual’s safety even in the absence of a College proceeding.  The College may also consider broader remedial action (such as increased monitoring, supervision, or security at locations where reported sexual misconduct occurred, increased education and prevention efforts, including to targeted population groups, and climate assessments).

2.    Information regarding the alleged Sexual Misconduct may be included in College records, as necessary and appropriate.

3.    College personnel will (and are obligated to) handle information regarding alleged Sexual Misconduct in accordance with applicable local, state, and federal laws.

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ARTICLE IV - General Provisions Applicable to all Allegations of Sexual Misconduct

Section 4.01      Oversight. 

The Title IX Coordinator or an Assigned Deputy Title IX Coordinator will be responsible for overseeing the prompt, fair, and impartial investigation and resolution of Allegations and other reports of Sexual Misconduct that are filed with or disclosed to the College.

Section 4.02     Conflicts. 

If any administrator designated by this Policy to participate in the investigation or resolution of a report or Allegation is the Responding Party (including, but not limited to, the Title IX Coordinator), then the President will appoint another College administrator to perform such person’s duties under this Policy.  (If the President is the Responding Party, then the Title IX Coordinator will appoint another College administrator to perform the President’s other duties under this Policy.)

Section 4.03     Advisors.

Both the Reporting Party and the Responding Party may have an advisor present throughout the Allegation process (including, but not limited to, during related prehearing meetings, during investigative interviews, and during the hearing or proceeding). The College will offer a trained advisor to both Parties but the Reporting Party and the Responding Party are not limited in their choice of advisor. The advisor may be a friend, an advocate, a lawyer, or another person.  The College is not obligated to provide legal counsel on behalf of any Party. 

The Parties may consult with their respective advisors during meetings and/or during any hearing or proceeding, provided that such consultation is not disruptive.  Advisors may not, however, have a speaking role during any meeting or hearing.  In addition, the advisor’s attendance may be disallowed if such advisor’s presence would be obstructive or would otherwise warrant their removal.

If a Party wants their Advisor to be included in all communications pertaining to the party’s case, they must indicate that in writing to the Assigned Title IX Coordinator.

The Parties are required to notify the Assigned Title IX Coordinator when an attorney will serve as their advisor. The Assigned Title IX Coordinator will subsequently notify the other Party.

Absent accommodation for disability, the Parties may not be accompanied by more than one advisor or by other individuals during meetings and/or hearings (See Section 4.09).

Section 4.04     Timing. 

The College will make every reasonable effort to ensure that the investigation and resolution of a report or Allegation occurs in as timely and efficient manner as possible.  The College’s investigation and resolution of an Allegation (not including an appeal, if applicable) generally will be completed within 60 calendar days of the receipt of the Allegation, absent extenuating circumstances. Throughout the investigation, the Parties will receive periodic status updates, and notice of any timing extensions, from the Assigned Title IX Coordinator.

Any Party may request an extension of any deadline by providing the Assigned Title IX Coordinator with a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request. 

The Assigned Title IX Coordinator may modify any deadline contained in this Policy as necessary and for good cause.

Section 4.05     Documentation. 

The College will retain documentation (including but not limited to the written Allegation, notifications, the Investigative Report, written findings of fact, petitions for appeal, and any written communication between the Parties), for at least seven years.  Documentation pertaining to expulsions or degree revocations will be retained indefinitely or in accordance with College policy.

Section 4.06     Prohibition on Retaliation. 

Retaliation against any person for filing, supporting, or providing information in connection with an allegation of Sexual Misconduct is strictly prohibited. Violations of this prohibition may be addressed through this Policy.  Any person who feels that they have been subjected to Retaliation should make a report to the College’s Title IX Coordinator.

Section 4.07     Prohibition on Providing False Information. 

Any individual who knowingly files a false report or Allegation under this Policy, who knowingly provides false information to College officials, or who intentionally misleads College officials who are involved in the investigation or resolution of a report or Allegation may be subject to disciplinary action.

Section 4.08     Amnesty for Students. 

The College considers the reporting and resolution of Sexual Misconduct cases on campus to be of paramount importance.  Sometimes, individuals are hesitant to report or participate in the process because they fear that they may be accused of policy violations, such as underage drinking and drug use at the time of the incident. It is in the best interest of this community that as many people as possible choose to report allegations of Sexual Misconduct and witnesses come forward to share what they know with the College. To encourage reporting, the College pursues a policy of offering amnesty from minor policy violations at the time of an incident (i.e. drinking, drug use, interhall visitation) as determined by the Dean of Students in conjunction with the Title IX Coordinator.

Section 4.09     Individuals with Disabilities. 

Flagler College is dedicated to providing an inclusive campus. The College will make arrangements to ensure that individuals with disabilities are provided appropriate accommodations, to the extent necessary and available, to participate in the steps and procedures outlined in this Policy. Requests for accommodations must be made to the Disability Resource Center. The Disability Resource Center will review the supporting disability-related documentation, make a decision about the request, notify the Student and the Assigned Title IX Coordinator about approved accommodations, and work with the Assigned Title IX Coordinator to make arrangements for the accommodations. 

The Disability Resource Center is located on the Second Floor of Proctor Library in Office L211 and available by phone at (904) 819-6460) or email at disabilityservices@flagler.edu

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ARTICLE V - The Process Applicable to All Allegations of Sexual Misconduct

Section 5.01      STEP 1:  A Report of Sexual Misconduct Becomes an Allegation.

An Allegation may be initiated in one of the following ways:

A.  An individual can meet in person with the Title IX Coordinator, call, or email to report alleged Sexual Misconduct. The Title IX Coordinator will give the option for the individual to complete an Allegation form provided by the College.

B.  The College can determine, based on the information of which it becomes aware, that it is necessary and/or appropriate for it to investigate the information available to it.

C.  An individual can report an incident using a form located at www.flagler.edu/title-ix  The information in the report can be marked as anonymous and will be addressed promptly. Individuals submitting an anonymous report must understand it may limit the extent to which the College is able to address the issue.

Once an Allegation is initiated, the individual who brought forward the Allegation of Sexual Misconduct will be referred to as a “Reporting Party” and the person whom the Allegation of Sexual Misconduct is directed will be referred to as a “Responding Party.”

Section 5.02     STEP 2:  Evaluation of Interim Measures

Following the initiation of an Allegation (and at any point during the Allegation, investigative or disciplinary processes, if the Assigned Title IX Coordinator deems it necessary for the protection of any member of the College community), the Assigned Title IX Coordinator will determine which, if any, of the following measures and/or actions should be taken:

A.   Interim Measures.  The Assigned Title IX Coordinator may implement one or more interim measures, if appropriate and/or reasonably available, including but not limited to the following:

i.    Student Responding Party            

a)         Issuing no-contact orders to prevent any contact between the Reporting Party, the Responding Party, witnesses, and/or Third Parties;
b)         Changing a Reporting Party or a Responding Party on-campus housing, if any, to a different on-campus location and providing assistance from College personnel in completing the relocation;
c)         Changing a Reporting Party or a Responding Party assigned dining facilities and/or study areas;
d)         Changing a Reporting Party or a Responding Party on campus work arrangements or schedules;
e)         Changing academic schedules
f)          Provide alternate course completion options
g)         Excusing class absences
h)         Providing security escorts as determined by the Assigned Title IX Coordinator.
i)          Provide counseling services by the College through campus resources
j)          Prohibiting Reporting Party or a Responding Party from being on College property and/or using College facilities (including residence halls and all other areas controlled, leased, or used by the College)
k)         Prohibiting the Reporting Party or a Responding Party from attending classes or limiting class attendance,
l)          Prohibiting the Reporting Party or a Responding Party from participating in and/or attending Student programs and activities,
m)        Suspension,
n)         Prohibiting the Reporting Party or a Responding Party from representing the College on athletic teams or in leadership positions, and 

The Assigned Title IX Coordinator will notify the Reporting Party and Responding Party of the proposed interim measure(s) in writing.  The Reporting Party and Responding Party may request a meeting to discuss the restrictions to be imposed by the interim measure(s).  The request must be submitted in writing to the Assigned Title IX Coordinator.  If a meeting is requested, such meeting will be scheduled within three class days of the receipt of a written request.  The Assigned Title IX Coordinator will conduct the meeting.  The respective Party will be notified of the outcome of the meeting in writing.  The written notification of the outcome is final as to the interim measures, pending the final results of the resolution of the Allegation pursuant to this Policy.

ii.       Employee Responding Party.  When an employee Responding Party alleged actions or behaviors affect the safety, health, or general welfare of the Reporting Party, students, other employees, and/or the College community, the Assigned Title IX Coordinator may:

a)         take such steps as are reasonable, appropriate, and necessary to restrict the Responding Party movement on campus; or
b)         take such steps as are reasonable, appropriate, and necessary to re-assign or place on administrative leave.  Determinations regarding employee discipline will be made in accordance with the College’s policies and procedures governing such matters.

The Assigned Title IX Coordinator will notify the Parties of the proposed interim measure(s) in writing.

Section 5.03     STEP 3:  Initial Meetings with the Assigned Title IX Coordinator.

A.   Reporting Party Initial Meeting with the Assigned Title IX Coordinator.   Within three days (or as soon as reasonably practicable) following the filing of an Allegation, the Assigned Title IX Coordinator will contact the Reporting Party to schedule an initial meeting to discuss the Allegation and avenues for its resolution.  (If a Third Party reported the alleged Sexual Misconduct on behalf of the Reporting Party, the Assigned Title IX Coordinator will attempt to meet with such person and gather information from them before speaking with the Reporting Party.)  Following the initial meeting with the Reporting Party, the Assigned Title IX Coordinator will, if applicable, promptly determine the interim measures to be provided to the Reporting Party. These interim measures may include the measures listed in Section 5.02(A) and/or other appropriate interim measures deemed appropriate by the Assigned Title IX Coordinator.

Such determination will promptly be communicated to the Reporting Party and concurrently to the Responding Party, to the extent that it affects the Responding Party.

(If interim measures have already been implemented pursuant to Section 5.02(a), the Assigned Title IX Coordinator will evaluate whether they should continue to be provided and whether other interim measures, such as those listed above, should also be implemented.)

B.   Responding Party Initial Meeting with the Assigned Title IX Coordinator.  Within three days (or as soon as reasonably practicable) following the Assigned Title IX Coordinator’s initial meeting with the Reporting Party, the Assigned Title IX Coordinator will schedule an initial meeting with the Responding Party to discuss the Allegation.  Following the initial meeting with the Responding Party, the Assigned Title IX Coordinator will, if applicable, promptly determine the interim measures (such as those listed in Section 5.02(A)). Such determination will promptly be communicated to the Responding Party and concurrently to the Reporting Party, to the extent that it affects the Reporting Party.

Section 5.04     STEP 4: The Investigation.

A.   Effect of Criminal Investigation.  The College’s investigation may be delayed temporarily while criminal investigators are gathering evidence.  In the event of such a delay, the College may take interim measures when necessary. Both Parties will be notified of the delay.

Neither the results of a criminal investigation nor the decision of law enforcement to investigate or decline to investigate a matter is determinative of whether Sexual Misconduct, for the purposes of this Policy, has occurred.

B.   The Investigator.  The Assigned Title IX Coordinator will promptly appoint an Investigator, will share their name and contact information with the Reporting Party and the Responding Party, and will forward the Allegation to the Investigator unless it is clear that no reasonable grounds exist for believing the conduct at issue constitutes Sexual Misconduct.

Within three days of such appointment, the Investigator, the Reporting Party, and/or the Responding Party may identify to the Assigned Title IX Coordinator in writing conflicts of interest posed by assigning such Investigator to the matter.  The Assigned Title IX Coordinator will carefully consider such statements and will assign a different individual as Investigator if it is determined that a conflict of interest exists. 

C.   Notice of Start of Investigation. If an Allegation is forwarded to an Investigator, Flagler College will provide written notice to the Responding Party of the allegations constituting a potential violation of this Policy. The written notice will include sufficient details to enable the Responding Party to prepare a response before an initial interview with the Investigator, including the identities of the parties involved, the specific section of the code of conduct allegedly violated, the precise conduct allegedly constituting the potential violation, and the date and location of the alleged incident. The Reporting Party and Responding Party will each receive written notice in advance of any interview.

D.   If the Allegation Is Not Forwarded to an Investigator.  In the event that the Assigned Title IX Coordinator does not forward the Reporting Party Allegation to the Investigator (because no reasonable grounds exist for believing that the conduct at issue constitutes Sexual Misconduct), the Assigned Title IX Coordinator will determine (in consultation, as necessary, with the Reporting Party, the Responding Party, and other College administrators) and document the appropriate resolution of the Allegation, will promptly notify the Parties of such resolution, and will close the Allegation. 

E.   The Investigator’s Activities.  Upon receipt of the Allegation, the Investigator will promptly begin the investigation, taking steps such as:

i.     conducting interviews with the Reporting Party, the Responding Party, and Third-Party witnesses (including expert witnesses, where applicable) and summarizing such interviews in written form;
ii.    visiting, inspecting, and taking photographs at relevant sites; and
iii.   where applicable, collecting and preserving relevant evidence

F.    The Investigator’s Report.  The Investigator will complete a written investigative report of the events in question.  The Investigator will share the investigative report with the Assigned Title IX Coordinator, who will distribute it, concurrently, to the Reporting Party and the Responding Party.

Section 5.05     STEP 5: The Evaluation of the Investigative Report and Determination as to Whether the Allegation Will Proceed to Formal Hearing.

A.   The Allegation Proceeds to Formal Hearing. The Assigned Title IX Coordinator will evaluate the Investigative Report and will direct that the Allegation will proceed to a formal hearing according to the procedures set forth in Article VI unless it is clear from the Investigative Report that no reasonable grounds exist for believing that the conduct at issue constitutes Sexual Misconduct. 

i.    If the Allegation is made against a Student, the Assigned Title IX Coordinator will promptly:

a.    inform the Reporting Party and the Responding Party that the Allegation will proceed according to the procedures set forth in Section 6.02 and
b.    forward the Investigative Report to the Chair of the Sexual Misconduct Board. (The Allegation will proceed to formal hearing unless the Parties  elect informal resolution and informal resolution is permissible pursuant to Section 6.02(a)).

ii.      If the Allegation is made against an Employee, the Assigned Title IX Coordinator will promptly:

a.    inform the Reporting Party and the Responding Party that the Allegation will proceed according to the procedures set forth in Section 6.03 and  
b.    forward the Investigative Report to the Chair of the Sexual Misconduct Board. (The Allegation will proceed to a formal hearing unless the Parties  elects informal resolution and informal resolution is permissible pursuant to Section 6.02(a).

iii.      If the Allegation is made against a Vendor/Contractor, the Assigned Title IX Coordinator will promptly forward the Investigative Report to a Human Resources Officer.

B.   The Allegation is Closed.  If the Assigned Title IX Coordinator finds that it is clear from the Investigative Report that no reasonable grounds exist that the conduct at issue constitutes a violation of this Policy, then the Assigned Title IX Coordinator will close the Allegation, document the closure, and notify the Reporting Party and the Responding Party of the closure and the rationale for the closure within five days of receiving the Investigative Report, absent extenuating circumstances.

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ARTICLE VI - Adjudication Procedures

Section 6.01      Responding Party Acknowledgement of Responsibility Prior to Hearing.

At any time prior to the date of the hearing, the Responding Party may elect to acknowledge and take responsibility for their actions.   In such a situation, the Assigned Title IX Coordinator will propose sanction(s) for the Responding Party. If the Reporting Party and the Responding Party agree to such proposed sanction(s), then the Allegation will be resolved without a hearing and without any further rights of appeal by any Party.

If either the Reporting Party or the Responding Party objects to such proposed sanction(s), then:

(a) for Students and Employees, a Hearing Panel will convene for the exclusive purpose of recommending a sanction in accordance with Section 6.02(B)(iii)(b) or 6.03(iii)(b), as applicable, of this Policy, and

(b) for Vendors/Contractors, the Chief Human Resources Officer will set sanctions according to Section 6.04 of this Policy.

The sanction(s) may be subject to appeal pursuant to Article VII of this Policy.  For purposes of this paragraph, all of the other provisions of this Policy relating to the recommendation and imposition of a sanction for Sexual Misconduct shall apply.

Section 6.02     The Processes for Resolving Allegations Against Students.

A.   Choice of Resolution Processes. If the Assigned Title IX Coordinator, pursuant to Section 5.05, directs the Allegation to proceed and the Responding Party is a Student, the Allegation will proceed to formal hearing unless the Parties elects informal resolution and (1) the Responding Party agrees to such resolution, (2) the Reporting Party and the Responding Party are both Students, and (3) the Assigned Title IX Coordinator determines that informal resolution is an appropriate mechanism for resolving the Allegation. Informal resolution is not available in cases involving allegations of Sexual Assault.

B.   Formal Hearing. 

A.   Hearing Preparation (What Happens Before the Hearing).

i.  Composition of the Hearing Panel.  The Assigned Title IX Coordinator will select the members of the Hearing Panel from among the members of the Sexual Misconduct Board, to include at least three faculty and/or staff members (none of whom shall be from the same academic department or office as the Reporting Party or the Responding Party, if applicable).  The Chair of the Sexual Misconduct Board will either appoint or serve as the Chair of the Hearing Panel.

ii.  Notice of the Hearing.  The Assigned Title IX Coordinator will provide concurrent written notice to the Reporting Party and the Responding Party of

1.  the potential violation to be adjudicated,
2. the date, time and location of the hearing (which will be no more than 15 days following the conclusion of the investigation absent extenuating circumstances),
3. the names of the members of the Sexual Misconduct Board selected to serve on the Hearing Panel, and
4. a statement as to the responsibilities of the Hearing Panel.

If only a portion of the alleged misconduct justifies continuing to the hearing process, the Assigned Title IX Coordinator will also specify in the notice to the Reporting Party and the Responding Party which part(s) of the alleged misconduct will be the subject of the hearing. 

iii.  Objections to the Composition of the Hearing Panel.  The Parties may challenge the participation of any member of the Hearing Panel by submitting a written objection to the Assigned Title IX Coordinator within three days of receipt of the notice of the hearing.  Such objection must state the specific reason(s) for the objection. The Assigned Title IX Coordinator will evaluate the objection and determine whether to alter the composition of the Hearing Panel. Failure to submit a proper objection will constitute a waiver of any right of objection to the composition of the Hearing Panel.   Any changes in the composition of the Hearing Panel must be provided in writing from the Assigned Title IX Coordinator to both Parties at least one day prior to the date of the hearing.

iv.  Information to Be Provided Prior to the Hearing. 

(i)    By the Parties.  No fewer than five days prior to the hearing date, the Reporting Party and the Responding Party must provide the Assigned Title IX Coordinator with:

1.  a list of witnesses, if any, that they propose the Hearing Panel call and a list of questions, if any, for the Hearing Panel to ask such witnesses,
2.  copies of documents and a description of any other information they propose to present,
3.  the name of the advisor, if any, that will accompany them to the hearing, as well as a brief explanation of the relationship between them and
4.  if desired, written statements of position. 

In the absence of good cause, which shall be determined by the Chair of the Hearing Panel in their sole discretion, neither the Reporting Party or the Responding Party may introduce witnesses or documents at the hearing that were not provided to the Chair of the Hearing Panel by the proper deadline (five days prior).

(ii)  By the Hearing Panel.  No fewer than three days prior to the hearing date, the Assigned Title IX Coordinator will provide written notice to the Reporting Party and the Responding Party of the witnesses that the Hearing Panel plans to call.

(iii) By the Assigned Title IX Coordinator.  No fewer than three days prior to the hearing date, the Assigned Title IX Coordinator will provide each Party with a packet containing copies of the Allegation, the Investigative Report, the other Party’s list of witnesses, and the name of the other Party’s advisor, if any.

Parties are able to request an appointment to view all evidence with the Assigned Title IX Coordinator.  No copies or pictures may be taken of the evidence.

The Assigned Title IX Coordinator will hold a pre-hearing conference with the members of the Hearing Panel. They will be provided with copies of the Allegation, the Investigative Report, all evidence, the Parties lists of witnesses, and the name of the advisors, if any.

B.   The Hearing (What Happens During the Hearing).

a.   Manner of Conducting the Hearing.  The Hearing Panel will be responsible for asking questions of the Parties and the witnesses and developing evidence through testimony and the presentation of relevant documents.  The Reporting Party and the Responding Party may not question each other directly; however, either or both of them may ask the Chair of the Hearing Panel to pose additional questions or inquire further into specific matters by submitting such requests in writing or orally, at the discretion of the Chair of the Hearing Panel.  If necessary, a brief recess may be granted to allow both Parties an opportunity to prepare and submit such requests. The Chair of the Hearing Panel may disallow or reframe any questions that they deem irrelevant or redundant.

The Chair of the Hearing Panel will resolve any questions concerning procedure or the admission of evidence or testimony. 

b.   Participation.  Participants in the hearing process are expected to provide truthful testimony and may be subject to disciplinary action for failing to provide truthful testimony.

(i)    Of the Reporting Party and Responding Party.  The Reporting Party and/or the Responding Party may request to testify in a separate room from the other Party.  They may choose not to participate in the hearing or answer some or all questions posed by the Hearing Panel; however, their exercise of that option will not preclude the Hearing Panel from making a determination regarding the Allegation.

(ii)  Of Witnesses.  The Chair of the Hearing Panel will determine the order of the witnesses.  The Hearing Panel will attempt to produce witnesses identified on the Hearing Panel’s witness list. The Parties shall have an equal opportunity to present any witnesses on their behalf. Parties are responsible for securing the attendance of those witnesses that are not identified on the Hearing Panel’s witness list.

(iii) By Closed-Circuit Technology.  No fewer than three days prior to the hearing date, a Party or witness may request to be able to provide testimony by closed-circuit technology (Skype, Zoom, other conferencing software) in appropriate circumstances.  The Assigned Title IX Coordinator has the sole discretion to determine whether testimony by closed-circuit technology will be made available. Parties are permitted to request to view the hearing room in advance of the hearing. Such requests should be directed to the Assigned Title IX Coordinator.

(iv) Closing.  After all Parties and witnesses have been questioned, the Hearing Panel will determine whether there are any unresolved issues that may be clarified by the presentation of additional information.  If so, the Chair of the Hearing Panel will suspend the hearing and reconvene it in a timely manner in order to receive such additional information.  A suspension may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other information that could and should have been submitted before the hearing.  Once the Chair of the Hearing Panel deems that all relevant evidence has been submitted, the Reporting Party and the Responding Party may make a closing statement.  If both the Reporting Party and the Responding Party choose to make a closing statement, the Reporting Party will make their statement first.  The Chair of the Hearing Panel may permit them a short recess to prepare their closing statements.

c.    Evidentiary Matters.

(i)    Presentation of Evidence.  The Reporting Party and the Responding Party will have an equal opportunity to present evidence, including presenting witnesses, if available, and/or signed written statements from witnesses, and other documentary evidence.  Formal rules of evidence will not be observed during the hearing. 

(ii)  Standard of Evidence. The standard of evidence applied to the hearing will be the preponderance of evidence standard (i.e., more likely than not).

(iii) Specific Types of Evidence.

a)   Written Witness Statements.  Live witness testimony is not required; however, the Hearing Panel has the discretion to give lesser weight to written witness statements than to live witness testimony.  The Assigned Title IX Coordinator will provide a form for written witness statements that will include a signed verification that the information provided is true and to the best of the witness’s knowledge.

b)   Evidence Regarding Past Sexual Histories:  Evidence of the past sexual histories of the Parties will not be permitted at the hearing unless deemed relevant by  the hearing panel and one of the following exceptions exists:

1)     evidence is permitted to show that either Party has in the past been formally disciplined by the College for falsely filing Allegations alleging Sexual Misconduct;

2)     evidence is permitted to show the existence of a relationship (including a sexual relationship) between the Reporting Party and the Responding Party;

3)     evidence is permitted to show that the Responding Party has in the past been convicted of Sexual Misconduct in a criminal proceeding, has been formally disciplined by the College for Sexual Misconduct, has been formally disciplined at a previous institution for Sexual Misconduct or has admitted to committing Sexual Misconduct in an informal College disciplinary proceeding;

4)     evidence regarding the past sexual activity of the Responding Party (regardless of whether the Responding Party was formally charged with a violation of the Policy with respect to such conduct and regardless of whether a report has been filed with the College with respect to such conduct) may be permitted to show that the Responding Party has engaged in a pattern of behavior similar to the alleged Sexual Misconduct at issue before the Hearing Panel, provided that (1) “Insufficient evidence” was the outcome for the Responding Party by the College in a proceeding related to such sexual activity and (2) the Chair of the Hearing Panel has made written findings both that the evidence is reliable and trustworthy and that the conduct is sufficiently and substantially similar to the conduct at issue before the Hearing Panel to suggest a pattern of behavior.

d.    Failure to Appear.  If the Reporting Party and/or the Responding Party fails to appear at the scheduled hearing, and such Party was provided proper notice of the hearing as set forth above, then absent extenuating circumstances, the Chair of the Hearing Panel will direct the Hearing Panel to proceed with the hearing and determine the resolution of the Allegation.

e.    Recording of the Hearing.  The College will record the actions of the hearing. This recording will be the property of the College. 

iii.        Outcome.

a.    The Decision of the Hearing Panel.  Following the conclusion of the hearing, the Hearing Panel will determine whether the evidence establishes that it is more likely than not the Responding Party committed a violation of the Sexual Misconduct Policy.  The Hearing Panel will prepare written findings of fact in support of its decision and will render a finding of “Sufficient Evidence” or “Insufficient Evidence”. If the preponderance of the evidence supports a finding of “Sufficient Evidence,” the Hearing Panel will specify the type(s) of Sexual Misconduct committed  by the Responding Party  (for example, Sexual Assault, Stalking, etc.).  In order to render a finding of “Sufficient Evidence,” the Panel must reach a unanimous decision.

b.   Sanctions. 

(i)    Recommendation of Sanctions by the Hearing Panel.  If the Hearing Panel renders a finding of “Sufficient Evidence,” it will recommend appropriate sanctions to be imposed on the Responding Party. The Hearing Panel will recommend sanctions to the Dean of Students.

(ii)  Possible Sanctions.  Possible sanctions for a finding of “Sufficient Evidence” depend upon the nature and gravity of the Sexual Misconduct, any record of prior discipline for Sexual Misconduct, and/or any record of prior discipline for violating the Student Code of Conduct.  Sanctions may include, without limitation:

referral to counseling, training, written reprimand, suspension, dismissal, expulsion from the College, disciplinary probation, expulsion from campus housing, and/or other educational sanctions as are deemed appropriate by the Hearing Panel. 

In recommending sanctions, the Hearing Panel will give consideration to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation.

(iii) Implementation of Sanctions.  Sanctions imposed are not effective until the resolution of an appeal (of the decision of the Hearing Panel regarding Sufficient/Insufficient Evidence and/or the decision regarding sanctions, whichever is/are applicable).  However, if it is advisable in order to protect the welfare of the College community, the Assigned Title IX Coordinator may determine that any sanctions be effective immediately and continue in effect until such time as the appeal process is exhausted. 

c.  Final Outcome Letter. Within ten days following the determination regarding sanctions (or such longer time as the Chair of the Hearing Panel may for good cause determine), the Hearing Panel will issue a written decision letter (the "Final Outcome Letter") concurrently to the Responding Party and the Reporting Party.

The Final Outcome Letter will set forth

1.     the names of the Parties,
2.     the violation(s) of this Policy for which “Sufficient Evidence” was determined, or a statement that indicated “Insufficient Evidence” for a violation of this Policy,
3.     the rationale for the findings, and
4.     the sanctions imposed on the Responding Party, if any (setting forth only a description of the disciplinary action taken, the date of its imposition, its duration, and the rationale for such action).

d.  Final Accommodations and Prevention of Retaliation.  No more than four days following the Hearing Panel’s issuance of the Final Outcome Letter (absent extenuating circumstances), the Assigned Title IX Coordinator will determine the final accommodations to be provided to the Reporting Party, if any, and the Assigned Title IX Coordinator will communicate such decision to the Reporting Party and, to the extent that it affects them, the Responding Party. 

The Assigned Title IX Coordinator and/or the Title IX Coordinator will also take steps, where necessary, to prevent potential harassment of or Retaliation against all Parties, such as informing them about how to report subsequent problems, following up with them to ensure there are no subsequent problems, providing trainings for the school community, and providing Sexual Misconduct or other counseling. 

Furthermore, the Assigned Title IX Coordinator will take prompt corrective action if any Party experiences Retaliation or is subjected to further Sexual Misconduct or if the original sanctions imposed on the Responding Party are ineffective to protect the safety and well-being of members of the College community.  In cases involving Sexual Harassment, the Assigned Title IX Coordinator will also take reasonable steps to eliminate any hostile environment that has been created, such as conducting trainings and disseminating informational materials.  In taking the above-outlined steps, the Assigned Title IX Coordinator will make every reasonable effort to minimize the burden on the Parties.

iv.       Confidentiality and Disclosure. In order to comply with FERPA, Title IX, and other applicable laws, and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, any hearing held is not open to the  public.

C.   INFORMAL RESOLUTION.

 The following procedures apply to the informal resolution of the Allegation:

(1) the Responding Party and Reporting Party agree to such resolution,
(2) the Reporting Party and the Responding Party are both Students, and
(3) the Assigned Title IX Coordinator determines that informal resolution is an appropriate mechanism for resolving the Allegation.

Either Party may terminate the informal resolution process at any time and proceed with formal resolution.  Furthermore, the Assigned Title IX Coordinator may terminate informal resolution at any time and order that the Parties proceed with formal resolution instead.  In such cases, statements or disclosures made by the Parties in the course of the informal resolution process may be considered in the subsequent formal resolution proceedings.

i.  General Procedures and Policies.

a.    Applicability.  Informal resolution is not available in cases of Sexual Assault.

b.    The Responding Party Acknowledgement of Responsibility.  At any time prior to the imposition of sanctions, the Responding Party may elect to acknowledge their actions and take responsibility for those actions.  In such a situation, the Assigned Title IX Coordinator will propose (a) sanction(s) for the Responding Party. If both the Reporting Party and the Responding Party agree to such proposed sanction(s), then the Allegation will be resolved without any further rights of appeal by either Party.  If either the Reporting Party or the Responding Party objects to such proposed sanction(s), then a Hearing Panel will convene for the exclusive purpose of determining sanctions, which determination will be subject to appeal by either Party pursuant to Article VII of this Policy.  For purposes of this sanction hearing, all of the other provisions of this Policy relating to the imposition of a sanction for Sexual Misconduct shall apply.

ii.   The Informal Resolution Process.

a.  Assigned Title IX Coordinator.  When the Reporting Party’s Allegation is to be resolved according to the informal resolution process, there will be a proceeding before the Assigned Title IX Coordinator. 

b.  Notice of the Meeting.  The Assigned Title IX Coordinator will provide concurrent notice to the Reporting Party and the Responding Party, by email or in person, setting forth the date, time and location of the meeting (which will be no more than ten days following the conclusion of the investigation, absent extenuating circumstances).  If only a portion of the alleged misconduct justifies continuing to an informal resolution, the Assigned Title IX Coordinator will also specify in the notice which part(s) of the alleged misconduct will be the subject of the informal resolution. 

c. Attendance.  Both Parties are expected to attend the informal resolution meeting.  If either Party fails to appear at the meeting, and such Party was provided proper notice of the meeting as set forth above, then absent extenuating circumstances, the Assigned Title IX Coordinator may direct that resolution of the Allegation be determined according to the formal resolution process found in Section 6.02 (B).

d. The Informal Resolution Meeting.

(i)  The Parties’ Rights.  During the informal resolution proceeding, the Parties may

a)   communicate with one another in the presence of, and facilitated by, the Assigned Title IX Coordinator,
b)   communicate their perceptions regarding the alleged incident and the impact of the alleged incident, and
c)   relay their wishes and expectations regarding  protections and other matters in the future.

(ii) Advisors.  Both the Reporting Party and the Responding Party may have an advisor present during the informal resolution proceeding.  The Assigned Title IX Coordinator may disallow the attendance of an advisor if, in the Assigned Title IX Coordinator’s discretion, such advisor’s presence would be obstructive to the proceeding or otherwise warrant their removal from the proceeding.  An advisor may communicate with a Party privately, but they may not address the Assigned Title IX Coordinator or the other Party or have any other speaking role.

e. Resolution.  During the meeting, the Assigned Title IX Coordinator will attempt to facilitate the Parties’ resolution of the Allegation. If this process results in a resolution between the Parties and the Assigned Title IX Coordinator finds the resolution to be appropriate under the circumstances (giving consideration to the extent to which the resolution will protect the safety of the Reporting Party and the entire school community), the informal disciplinary procedure will be concluded and the Allegation will be closed. If the Parties are unable to reach a resolution or the Assigned Title IX Coordinator finds the resolution reached to be inappropriate, then the formal resolution process outlined in Section 6.02(B) of this Policy will promptly begin.

f.  Confidentiality and Disclosure.  The informal resolution process is not open to the general public.  Accordingly, documents prepared in anticipation of the informal resolution (including the Investigative Report or the notice of the meeting) and other information introduced at the meeting may not be disclosed outside of the meeting, except as may be required or authorized by law.

g. Final Accommodations and Determination.  The Assigned Title IX Coordinator will determine and communicate the final accommodations to be provided to the Parties.  Such accommodations may include, but are not limited to, those set forth above in Sections 5.02 and 5.03 above. The Reporting Party and Responding Party will be required to sign the Final Accommodations and Determination document to express their agreement with the informal resolution.

Section 6.03     The Process for Resolving Allegations Against Flagler College Employees.

If the Assigned Title IX Coordinator directs the Allegation to proceed to formal hearing pursuant to Section 5.05 and the Responding Party is a Flagler College Employee, there will be a hearing before a Hearing Panel of the Sexual Misconduct Board.

i.      Hearing Preparation (What Happens Before the Hearing).

a.    Composition of the Hearing Panel.  The Assigned Title IX Coordinator will select the members of the Hearing Panel from among the members of the Sexual Misconduct Board, to include at least three faculty and/or staff members (none of whom shall be from the same academic department or office as the Reporting Party or the Responding Party, if applicable).  The Chair of the Sexual Misconduct Board will either appoint or serve as the Chair of the Hearing Panel.

b.   Notice of the Hearing.  The Assigned Title IX Coordinator will provide concurrent written notice to the Reporting Party and the Responding Party of

1. the potential violation to be adjudicated,
2. the date, time and location of the hearing (which will be no more than 15 days following the conclusion of the investigation absent extenuating circumstances),
3. the names of the members of the Sexual Misconduct Board selected to serve on the Hearing Panel, and
4. a statement as to the responsibilities of the Hearing Panel. 

If only a portion of the alleged misconduct justifies continuing to the hearing process, the Assigned Title IX Coordinator will also specify in the notice to the Reporting Party and the Responding Party which part(s) of the alleged misconduct will be the subject of the hearing. 

c.    Objections to the Composition of the Hearing Panel.  The Parties may challenge the participation of any member of the Hearing Panel by submitting a written objection to the Assigned Title IX Coordinator within three days of receipt of the notice of the hearing.  Such objection must state the specific reason(s) for the objection. The Assigned Title IX Coordinator will evaluate the objection and determine whether to alter the composition of the Hearing Panel. Failure to submit a proper objection will constitute a waiver of any right of objection to the composition of the Hearing Panel.   Any changes in the composition of the Hearing Panel must be provided in writing from the Assigned Title IX Coordinator to both Parties at least one day prior to the date of the hearing.

d.   Information to Be Provided Prior to the Hearing. 

(i)    By the Parties.  No fewer than five days prior to the hearing date, the Reporting Party and the Responding Party must provide the Assigned Title IX Coordinator with:

1.   a list of witnesses, if any, that they propose the Hearing Panel call and a list of questions, if any, for the Hearing Panel to ask such witnesses,
2.   copies of documents and a description of any other information they propose to present,
3.   the name of the advisor, if any, that will accompany them to the hearing, as well as a brief explanation of the relationship between them and
4.   if desired, written statements of position. 

In the absence of good cause, which shall be determined by the Chair of the Hearing Panel in their sole discretion, neither the Reporting Party or the Responding Party may introduce witnesses or documents at the hearing that were not provided to the Chair of the Hearing Panel by the proper deadline (five days prior).

(ii)  By the Hearing Panel.  No fewer than three days prior to the hearing date, the Assigned Title IX Coordinator will provide written notice to the Reporting Party and the Responding Party of the witnesses that the Hearing Panel plans to call.

(iii) By the Assigned Title IX Coordinator.  No fewer than three days prior to the hearing date, the Assigned Title IX Coordinator will provide each Party with a packet containing copies of the Allegation, the Investigative Report, the other Party’s list of witnesses, and the name of the other Party’s advisor, if any.

Parties are able to request an appointment to view all evidence with the Assigned Title IX Coordinator.  No copies or pictures may be taken of the evidence.

The Assigned Title IX Coordinator will hold a pre-hearing conference with the members of the Hearing Panel. They will be provided with copies of the Allegation, the Investigative Report, all evidence, the Parties lists of witnesses, and the name of the advisors, if any.

ii.      The Hearing (What Happens During the Hearing).

a.     Manner of Conducting the Hearing.  The Hearing Panel will be responsible for asking questions of the Parties and the witnesses and developing evidence through testimony and the presentation of relevant documents.  The Reporting Party and the Responding Party may not question each other directly; however, either or both of them may ask the Chair of the Hearing Panel to pose additional questions or inquire further into specific matters by submitting such requests in writing or orally, at the discretion of the Chair of the Hearing Panel.  If necessary, a brief recess may be granted to allow both Parties an opportunity to prepare and submit such requests. The Chair of the Hearing Panel may disallow or reframe any questions that they deem irrelevant or redundant.

The Chair of the Hearing Panel will resolve any questions concerning procedure or the admission of evidence or testimony. 

b.   Participation.  Participants in the hearing process are expected to provide truthful testimony and may be subject to disciplinary action for failing to provide truthful testimony.

(i)    Of the Reporting Party and Responding Party.  The Reporting Party and/or the Responding Party may request to testify in a separate room from the other Party.  They may choose not to participate in the hearing or answer some or all questions posed by the Hearing Panel; however, their exercise of that option will not preclude the Hearing Panel from making a determination regarding the Allegation.

(ii)  Of Witnesses.  The Chair of the Hearing Panel will determine the order of the witnesses.  The Hearing Panel will attempt to produce witnesses identified on the Hearing Panel’s witness list. The Parties shall have an equal opportunity to present any witnesses on their behalf. Parties are responsible for securing the attendance of those witnesses that are not identified on the Hearing Panel’s witness list.

(iii) By Closed-Circuit Technology.  No fewer than three days prior to the hearing date, a Party or witness may request to be able to provide testimony by closed-circuit technology (Skype, Zoom, other conferencing software) in appropriate circumstances.  The Assigned Title IX Coordinator has the sole discretion to determine whether testimony by closed-circuit technology will be made available. Parties are permitted to request to view the hearing room in advance of the hearing. Such requests should be directed to the Assigned Title IX Coordinator.

(iv) Closing.  After all Parties and witnesses have been questioned, the Hearing Panel will determine whether there are any unresolved issues that may be clarified by the presentation of additional information.  If so, the Chair of the Hearing Panel will suspend the hearing and reconvene it in a timely manner in order to receive such additional information.  A suspension may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other information that could and should have been submitted before the hearing.  Once the Chair of the Hearing Panel deems that all relevant evidence has been submitted, the Reporting Party and the Responding Party may make a closing statement.  If both the Reporting Party and the Responding Party choose to make a closing statement, the Reporting Party will make their statement first.  The Chair of the Hearing Panel may permit them a short recess to prepare their closing statements.

c.    Evidentiary Matters.

(i)    Presentation of Evidence.  The Reporting Party and the Responding Party will have an equal opportunity to present evidence, including presenting witnesses, if available, and/or signed written statements from witnesses, and other documentary evidence.  Formal rules of evidence will not be observed during the hearing. 

(ii)  Standard of Evidence. The standard of evidence applied to the hearing will be the preponderance of evidence standard (i.e., more likely than not).

(iii) Specific Types of Evidence.

a)   Written Witness Statements.  Live witness testimony is not required; however, the Hearing Panel has the discretion to give lesser weight to written witness statements than to live witness testimony.  The Assigned Title IX Coordinator will provide a form for written witness statements that will include a signed verification that the information provided is true and to the best of the witness’s knowledge.

b)   Evidence Regarding Past Sexual Histories:  Evidence of the past sexual histories of the Parties will not be permitted at the hearing unless deemed relevant by  the hearing panel and one of the following exceptions exists:

1)     evidence is permitted to show that either Party has in the past been formally disciplined by the College for falsely filing Allegations alleging Sexual Misconduct;

2)     evidence is permitted to show the existence of a relationship (including a sexual relationship) between the Reporting Party and the Responding Party;

3)     evidence is permitted to show that the Responding Party has in the past been convicted of Sexual Misconduct in a criminal proceeding, has been formally disciplined by the College for Sexual Misconduct, has been formally disciplined at a previous institution for Sexual Misconduct or has admitted to committing Sexual Misconduct in an informal College disciplinary proceeding;

4)     evidence regarding the past sexual activity of the Responding Party (regardless of whether the Responding Party was formally charged with a violation of the Policy with respect to such conduct and regardless of whether a report has been filed with the College with respect to such conduct) may be permitted to show that the Responding Party has engaged in a pattern of behavior similar to the alleged Sexual Misconduct at issue before the Hearing Panel, provided that (1) “Insufficient evidence” was the outcome for the Responding Party by the College in a proceeding related to such sexual activity and (2) the Chair of the Hearing Panel has made written findings both that the evidence is reliable and trustworthy and that the conduct is sufficiently and substantially similar to the conduct at issue before the Hearing Panel to suggest a pattern of behavior.

d.    Failure to Appear.  If the Reporting Party and/or the Responding Party fails to appear at the scheduled hearing, and such Party was provided proper notice of the hearing as set forth above, then absent extenuating circumstances, the Chair of the Hearing Panel will direct the Hearing Panel to proceed with the hearing and determine the resolution of the Allegation.

e.    Recording of the Hearing.  The College will record the actions of the hearing. This recording will be the property of the College. 

iii.        Outcome.

a.    The Decision of the Hearing Panel.  Following the conclusion of the hearing, the Hearing Panel will determine whether the evidence establishes that it is more likely than not the Responding Party committed a violation of the Sexual Misconduct Policy.  The Hearing Panel will prepare written findings of fact in support of its decision and will render a finding of “Sufficient Evidence” or “Insufficient Evidence”. If the preponderance of the evidence supports a finding of “Sufficient Evidence,” the Hearing Panel will specify the type(s) of Sexual Misconduct committed  by the Responding Party  (for example, Sexual Assault, Stalking, etc.).  In order to render a finding of “Sufficient Evidence,” the Panel must reach a unanimous decision.

b.   Sanctions. 

(i)    Recommendation of Sanctions by the Hearing Panel.  If the Hearing Panel renders a finding of “Sufficient Evidence,” it will recommend appropriate sanctions to be imposed on the Responding Party. The Hearing Panel will recommend sanctions to the Chief Human Resources Officer.

(ii)  Possible Sanctions.  Possible sanctions for a finding of “Sufficient Evidence” depend upon the nature and gravity of the Sexual Misconduct, any record of prior discipline for Sexual Misconduct, and/or any record of prior discipline.  Sanctions may include, without limitation:

training, referral to counseling, and recommending disciplinary actions such as warning, written reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, compensation adjustment, termination, and/or other employment sanctions as are deemed appropriate by the Hearing Panel.

In recommending sanctions, the Hearing Panel will give consideration to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation.

(iii) Implementation of Sanctions.  Sanctions imposed are not effective until the resolution of an appeal (of the decision of the Hearing Panel regarding Sufficient/Insufficient Evidence and/or the decision regarding sanctions, whichever is/are applicable).  However, if it is advisable in order to protect the welfare of the College community, the Assigned Title IX Coordinator may determine that any sanctions be effective immediately and continue in effect until such time as the appeal process is exhausted. 

c.  Final Outcome Letter. Within ten days following the determination regarding sanctions (or such longer time as the Chair of the Hearing Panel may for good cause determine), the Hearing Panel will issue a written decision letter (the "Final Outcome Letter") concurrently to the Responding Party and the Reporting Party.

The Final Outcome Letter will set forth

1.   the names of the Parties,
2.   the violation(s) of this Policy for which “Sufficient Evidence” was determined, or a statement that indicated “Insufficient Evidence” for a violation of this Policy,
3.   the rationale for the findings, and
4.   the sanctions imposed on the Responding Party, if any (setting forth only a description of the disciplinary action taken, the date of its imposition, its duration, and the rationale for such action).

d.  Final Accommodations and Prevention of Retaliation.  No more than four days following the Hearing Panel’s issuance of the Final Outcome Letter (absent extenuating circumstances), the Assigned Title IX Coordinator will determine the final accommodations to be provided to the Reporting Party, if any, and the Assigned Title IX Coordinator will communicate such decision to the Reporting Party and, to the extent that it affects them, the Responding Party. 

The Assigned Title IX Coordinator and/or the Title IX Coordinator will also take steps, where necessary, to prevent potential harassment of or Retaliation against all Parties, such as informing them about how to report subsequent problems, following up with them to ensure there are no subsequent problems, providing trainings for the school community, and providing Sexual Misconduct or other counseling. 

Furthermore, the Assigned Title IX Coordinator will take prompt corrective action if any Party experiences Retaliation or is subjected to further Sexual Misconduct or if the original sanctions imposed on the Responding Party are ineffective to protect the safety and well-being of members of the College community.  In cases involving Sexual Harassment, the Assigned Title IX Coordinator will also take reasonable steps to eliminate any hostile environment that has been created, such as conducting trainings and disseminating informational materials.  In taking the above-outlined steps, the Assigned Title IX Coordinator will make every reasonable effort to minimize the burden on the Parties.

iv.       Confidentiality and Disclosure. In order to comply with FERPA, Title IX, and other applicable laws, and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, any hearing held is not open to the  public.

Section 6.04     The Process for Resolving Allegations Against Vendors/Contractors.

If the Responding Party is a Vendor/Contractor, the Assigned Title IX Coordinator will direct the investigative report to a Human Resources Officer.

The Human Resources Officer will review the interviews and evidence, conduct additional interviews as they see fit, and will determine whether the evidence establishes that it is more likely than not the Responding Party committed Sexual Misconduct.

Within ten calendar days following the determination (absent extenuating circumstances), the Human Resources Officer will issue a written decision letter concurrently to the Parties.  The letter will set forth

(a) the name of the Parties,
(b) the violation(s) of this Policy for which “Sufficient Evidence” was determined or a statement that ‘Insufficient Evidence” was found
(c) sanctions imposed on the Responding Party, if any, and
(d) the rationale for the finding and the sanctions.

Sanctions may include, but are not necessarily limited to, the following:

(1)   the vendor/contractor enforce disciplinary actions to the satisfaction of Flagler College against any individuals associated with the vendor/contractor who were involved in the Sexual Misconduct;
(2)  the vendor/contractor prohibit any individuals associated with the vendor/contractor who were involved in the Sexual Misconduct from working on any matter involving Flagler College;
(3)  the vendor/contractor prohibit any individuals associated with the vendor/contractor who were involved in the Sexual Misconduct from appearing on Flagler College’s campus, at any Flagler College building, or at any Flagler College event for work purposes; and
(4)  a recommendation that the vendor’s/contractor’s relationship and/or contract with Flagler College be terminated.

In determining sanctions, the Human Resources Officer will give consideration to whether a given sanction will bring an end to the violation in question, reasonably prevent a recurrence of a similar violation, and remedy the effects of the violation.

Promptly following the conclusion of the adjudicatory interviews and the Human Resources Officer’s issuance of a determination of responsibility and sanctions, the Assigned Title IX Coordinator will determine and communicate the final accommodations to be provided to the Reporting Party.

Furthermore, the Assigned Title IX Coordinator will take prompt corrective action if the Reporting Party experiences Retaliation or is subjected to further Sexual Misconduct or if the original sanctions imposed on the Responding Party are ineffective to protect the safety and well-being of the Reporting Party or other members of the College community.  The Assigned Title IX Coordinator and the Title IX Coordinator will also take reasonable steps to eliminate any hostile environment that has been created, such as conducting trainings and disseminating informational materials.  In taking the above-outlined steps, the Assigned Title IX Coordinator will make every reasonable effort to minimize the burden on the Reporting Party.

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ARTICLE VII - Appeals

Section 7.01      Appealing Interim Sanctions.

(a) Student Responding Party.  Interim measures may be appealed to the Vice President of Student Services, whose decision regarding their imposition will be final.
(b) Employee Responding Party.  Interim measures may be appealed to the Chief Human Resources Officer, whose decision regarding their imposition will be final. 

Section 7.02     Appealing the Closure of an Allegation Prior to Formal Hearing.

The Reporting Party may appeal the Assigned Title IX Coordinator’s decision to close the Allegation by submitting a written appeal to the President of the College (and providing a copy of the appeal to the Assigned Title IX Coordinator) within five days of receipt of the decision.  The Assigned Title IX Coordinator will promptly inform the other Party of the appeal.

Within 15 days following receipt of the appeal absent extenuating circumstances, the President will make a determination as to (1) whether the Allegation should proceed or the Assigned Title IX Coordinator’s decision to close the Allegation should stand and (2) whether any additional or different remedial action is necessary.  The President will notify the Reporting Party and the Responding Party concurrently of their decision.

Section 7.03     Appealing the Results of Formal Hearing.

The Reporting Party and/or the Responding Party may appeal the decision of the Hearing Panel and/or the sanction imposed. The decision of the Hearing Panel and the sanction imposed on the Responding Party may, if desired, be appealed simultaneously.

Aside from interim disciplinary measures instituted pursuant to Section 5.02(A), the Responding Party’s status will remain unchanged until the appellate process is final except in cases where sufficient evidence exists to demonstrate that the Responding Party is a danger to themselves or others.

A. Grounds. 

i.     Appealing a Finding of “Sufficient Evidence” or “Insufficient Evidence.”  The Hearing Panel’s (or, if applicable, the Human Resources Officer’s) finding of evidence or lack of evidence may be appealed on the following grounds:

a.     Procedural errors during the hearing substantially affected the outcome of the hearing (or, if applicable, adjudicatory interviews).

b.    There was demonstrated prejudice against any Party by any member of the Hearing Panel (or, if applicable, by the Human Resources Officer). Such prejudice must be evidenced by a conflict of interest, bias, pressure, or influence that precluded a fair and impartial hearing.

c.    There is newly discovered, relevant information that was not reasonably available at the time of the hearing (or, if applicable adjudicatory interviews) and that would have substantially affected the outcome of the hearing (or, if applicable, adjudicatory interviews).

ii.      Appealing Sanctions Imposed on the Responding Party.  The sanctions imposed on the Responding Party may be appealed on grounds that the severity of the sanction imposed is extraordinarily disproportionate to the gravity of the Sexual Misconduct for which the Responding Party was found responsible.

B.  Process. 

i.       The Appeal.

1.    Filing an Appeal. Appeals must be made in writing to the President (with a copy to the Assigned Title IX Coordinator) within five days from the date of the Final Outcome Letter.  The appeal must state the reason(s) for the appeal (from among those listed above), the facts supporting the appeal, and the recommended way to correct the error.  The Assigned Title IX Coordinator will promptly inform the other Party of the filing of the appeal, and provide a copy of the appeal.

2.    Initial File Review.  The President will serve as the appellate officer and will begin by reviewing the Allegation file (which includes but is not limited to the Allegation, the Investigative Report, the Parties’ written statements, and any transcripts or recordings of the hearing). The President may make an official decision based solely on this review.

3.    Additional Information.  If the President determines a need for additional information, they may request written materials and/or an appeal hearing with the Parties. 

4.    Hearing.  If the President requests an appeal hearing, it will be scheduled within ten days of receiving the written appeal absent extenuating circumstances.  The appeal hearing will involve hearing the Reporting Party, the Responding Party, any witnesses called by either of them, and, at the discretion of the President, additional witnesses.  The President may also determine, in their discretion, whether to gather additional information.  An appeal hearing will be audio recorded; this recording will serve as the official record of the hearing.  If the Reporting Party or the Responding Party fails to appear at the scheduled appeal hearing after proper notice, the hearing may be held in their absence.

5.    Decision.

a)   Regarding Responsibility.  If the Hearing Panel (or, if applicable, the Human Resources Officer) issued a finding of “Sufficient Evidence,” the President may recommend (i) that the finding be affirmed or reversed, or (ii) that a new hearing be conducted.  If the Hearing Panel (or, if applicable, the Human Resources Officer) issued a finding of “Insufficient Evidence” the President may recommend (i) that the finding be affirmed, or (ii) that a new hearing be conducted. 

b)   Regarding Sanctions.  The President may recommend that the Hearing Panel’s (or, if applicable, the Human Resources Officer’s) determination regarding sanctions be affirmed or overturned.  If the President determines that the sanctioning decision of the Hearing Panel (or, if applicable the Human Resources Officer) should be overturned, the President will find either (1) the final sanctions to be imposed on the Responding Party, which will not be subject to further appeal, or (2) that another hearing (or, if applicable, series of adjudicatory interviews) will be convened before the Hearing Panel (or, if applicable the Human Resources Officer) for the sole purpose of considering sanctions, in which case the final sanctions set by the Hearing Panel (or, if applicable, the Human Resources Officer) and approved by the Assigned Title IX Coordinator will not be subject to further appeal. The Assigned Title IX Coordinator will notify the Reporting Party and the Responding Party concurrently of the decision. 

(Notwithstanding anything in the immediately preceding paragraph to the contrary, if the final sanctions confirmed or imposed by the President or the Hearing Panel on appeal include a sanction of termination of the employment of a full-time Faculty Member, then appeals regarding such final sanction may be made according to Section 7.03(B)(ii) below.)

6.    Notification.  Within fifteen days from the later of the date of the initial file review, the President’s receipt of additional written materials, or any appeal hearing, (or longer, if reasonably necessary), the President (or designee) will communicate their final decision concurrently to the Reporting Party and the Responding Party.

ii.      The Second Appeal.

The Parties may avail themselves of a second level of appeal when the Responding Party is a full-time Faculty Member and the sanction confirmed or imposed by the President or the Hearing Panel on appeal under Section 7.03(B)(i)(5) above is termination of the Responding Party’s employment.  In such a case, the Reporting Party and/or the Responding Party may appeal the decision made by the President or the Hearing Panel to the Executive Committee of the College’s Board of Trustees.  The Executive Committee, in hearing this second appeal, will follow the process set forth for first appeals in Section 7.03(B)(i) above.

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Exhibit A: Resources and Contact Information

The College’s first priority is to help you take steps to address your safety, medical needs and emotional well-being if you have been involved in an incident of sexual violence.  You are encouraged to take the following actions regardless of whether you have made a decision about whether to pursue criminal or College disciplinary charges.

1.    Ensure Your Physical Safety.
If you are in immediate crisis, call 911.

Flagler College St Augustine:
Office of Campus Safety and Security
170 Malaga Street
(904) 819-6200

Flagler College Tallahassee:
TCC Police Department
TCC Main Campus, Center Building #9
(850) 201-6100

2.    Seek Medical Assistance and Treatment.
Get medical attention as soon as possible after a sexual assault to determine the possibilities of physical injury, to prevent or treat sexually transmitted diseases, and, if applicable, to prevent pregnancy.  Medical facilities can also screen for the presence of drugs given to you without your knowledge. Local options for medical care include Flagler College Health Services and Flagler Hospital. 

You can immediately notify law enforcement of the violence or you may wish to maintain confidentiality while you consider what options to pursue.  Regardless, it is advisable to have an evidence collection kit, free of charge, completed as soon as possible after the incident. You have the option of maintaining anonymity while you consider your options and may ask that a “Jane Doe kit” be collected. This provides for the confidential preservation of evidence.  Flagler Hospital administers evidence collection kits.  You may go directly to Flagler Hospital or may be referred to the hospital by Flagler College Health Services. Employees at Flagler College Health Services can help you obtain transportation to Flagler Hospital and can help you contact a support person, such as a family member, friend or roommate. 

In order to best preserve evidence for a collection kit, you should avoid showering, bathing, going to the bathroom or brushing your teeth before the kit is completed.  You should also wear (or take with you in a paper – not plastic – bag) to the hospital the same clothing that you were wearing during the assault.  An evidence collection kit can still be completed if you have showered or bathed. 

You may be accompanied to the hospital by a friend or other support person.  A physician will briefly screen you, and a forensic nurse trained in evidence collection procedures will conduct the examination, collecting hair, fluid and tissue samples. 

The costs associated with evidence collection kits, including their administration, are paid by the State of Florida and are therefore free of charge.

3.    Obtain Emotional Support
Flagler College Counseling Services can assist as you begin the recovery process.  The professionals at Counseling Services are trained to provide crisis intervention on short-term and emergency issues.  Counseling Services can also offer a referral to you for outside providers and law enforcement.  Counseling Services can also put you in touch with an advocate. Counseling is free of charge to all Students.  In some instances, the law may require the disclosure of information shared by Students with counselors.  However, absent such a legal mandate, counseling services are strictly confidential and will not be reported to other College personnel.

4.    Obtain Information
You are encouraged to report incidents of Sexual Misconduct to the College’s Title IX Coordinator even if you filed a report directly with law enforcement.  College personnel can help you access resources and can provide you with support and information, including information on the College’s procedures for investigating and addressing instances of Sexual Misconduct.

ST. AUGUSTINE CAMPUS

Mandatory Reporting Resources - A Mandatory Reporting Resource is obligated to disclose any information about Sexual Misconduct to the Title IX Coordinator.

Title IX Coordinator
Jessica Kobryn
(904) 826-8553
Room 317, 3rd Floor of Proctor Library
JKobryn@flagler.edu

Office of Campus Safety and Security
(904) 819-6200
170 Malaga Street
Security Officers are available 24/7

Chief Human Resources Officer
Jim Springfield
(904) 819-6311
7 MLK Ave.
JSpringfield@flagler.edu

Care Coordinator
Rachel Moran Brown
www.flagler.edu/care

All Faculty and Staff members with the exception of those included in the non-reporting resources. 

 Non-Reporting Resources - A non-reporting resource will not disclose information about Sexual Misconduct to the Title IX Coordinator without the student’s permission. 

Flagler College Counseling Center
(904) 819-6305
65 Valencia St., Tinlin Cottage
Counseling@flagler.edu
8:00 a.m. until 5:00 p.m. Monday through Friday while classes are in session

Flagler College Health Services
(904) 819-6211
74 King St., located at the southwest side of the Ponce Breezeway
healthservices@flagler.edu
7:00 a.m. until 4:00 p.m. Monday through Friday while classes are in session

 Community Resources - Community Resources are organizations that are available in addition to on campus resources.

St. Augustine Police Department
911 (Emergency)
(904) 825-1074 (Non-emergency)
2300 A1A S, St. Augustine, FL

St. John’s County Sheriff’s Office
911 (Emergency)
(904) 824-8304 (Non-emergency)
4015 Lewis Speedway, St. Augustine, FL

St. Augustine Beach Police
911 (Emergency)
(904) 471-3600 (Non-emergency)
2300 A1AS, St. Augustine, FL

Flagler Hospital
(904) 819-5155 (Emergency Department)
400 Health Park Blvd., St. Augustine, FL

 

Rape Crisis Center & Domestic Violence Agencies:

Betty Griffin House Risk Crisis Center
(904) 824-1555
www.bettygriffinhouse.org
Assistance is available 24/7

Betty Griffin 24-hour Help Line
(904) 824-1555

RAINN Sexual Violence Crisis Hotline
1-800-656-HOPE (4673)

RAINN National Sexual Assault Online Live Chat
https://www.rainn.org/

TALLAHASSEE CAMPUS

Mandatory Reporting Resources - A Mandatory Reporting Resource is obligated to disclose any information about Sexual Misconduct to the Title IX Coordinator. 

Title IX Coordinator
Jessica Kobryn
(904) 826-8553
Room 317, 3rd Floor of Proctor Library
JKobryn@flagler.edu

Tallahassee Community College Police Department
(850) 201-6100
Security Officers are available 24/7

All Faculty and Staff members with the exception of those included in the non-reporting resources. 

Non-Reporting Resources - A non-reporting resource will not disclose information about Sexual Misconduct to the Title IX Coordinator without the student’s permission.

Tallahassee Community College Counseling Center
(850) 201-7726
TPP Building, Room 141
Monday – Friday 8am – 5pm

Community Resources - Community Resources are organizations that are available in addition to on campus resources

Tallahassee Police Department
911 (Emergency)
(850) 891-4200
234 E 7th Ave, Tallahassee, FL

Leon County Sheriff’s Office
911 (Emergency)
(850) 606-3300 (Non-emergency)
2825 Municipal Way, Tallahassee, FL

Tallahassee Memorial Hospital
(850) 431-1155
1300 Miccosukee Rd, Tallahassee, FL

Capital Regional Medical Center
(850) 325-5000
2626 Capital Medical Blvd, Tallahassee, FL

Rape Crisis Center & Domestic Violence Agencies:

Refuge House
(850) 681-2111
www.refugehouse.com

Refuge House 24-hour Help Line
(850) 681-2111

RAINN Sexual Violence Crisis Hotline
1-800-656-HOPE (4673)

RAINN National Sexual Assault Online Live Chat
https://www.rainn.org/

Outside resources on Title IX and your rights
The Office of Civil Rights’ mission is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools.
https://www2.ed.gov/about/offices/list/ocr/index.html

Know Your IX is a survivor and youth-led project of Advocates for Youth that aims to empower students to end sexual and dating violence in their schools.
https://www.knowyourix.org/

Title IX makes it illegal to discriminate because of sex, which includes discrimination on the basis of pregnancy, childbirth, false pregnancy, miscarriage, abortion, or related conditions, including recovery. Title IX also ensures the right to take medically necessary leave and to be free of harassment, intimidation, or other discrimination because of pregnancy-related conditions. By providing resources to educate and empower university communities, this project seeks to ensure the effective implementation of Title IX’s protections for pregnant women and parents.
http://www.thepregnantscholar.org/

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Exhibit B: Definitions

(a)  Acts of Violence or Intimidation: include Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

(b)  Allegation means information alleging an individual has violated this Policy by engaging in an act or acts of Sexual Misconduct.

(c)  Assigned Title IX Coordinator means either the Title IX Coordinator or the Deputy Title IX Coordinator assigned by the Title IX Coordinator to handle a given Allegation.

(d)  Clery Act  The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”) is a federal statute codified at 20 U.S.C. § 1092(f), with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46. The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses.

(e)  Consent means clear and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a particular activity. Consent can be withdrawn by either Party at any point. Consent must be voluntarily given and may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity. Consent cannot be validly given by:

(i)   A person who is Incapacitated;
(ii)  A child under the age of 16, even if the other participant did not know the child’s age;
(iii) A child who is at least 16 years of age and less than 18 years of age, if the other participant is 24 years of age or older;
(iv) Mentally disabled persons, if their disability was reasonably knowable to a person who is not disabled.

(f)  Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party.  The existence of such a relationship shall be determined based on the Reporting Party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  Dating Violence does not include acts covered under the definition of Domestic Violence.

(g)  Day means a business day, unless otherwise specified.

(h)  Domestic Violence includes felony or misdemeanor crimes of violence committed by:

(i)    a current or former spouse of the victim,
(ii)   a person with whom the victim shares a child in common,
(iii)  a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner,
(iv)  a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Florida, or
(v)  any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Florida has the meaning assigned to it under FERPA.

(i)   Education Record has the meaning assigned to it under FERPA

(j)   Employee is a person employed by Flagler College regardless of whether they are at-will or employed pursuant to a contract.

(k)  FERPA: The Family Educational Rights and Privacy Act (“FERPA”) is a federal statute codified at 20 U.S.C. § 1232g, with implementing regulations at 34 C.F.R. 99.  FERPA protects the privacy of student education records. FERPA grants to parents or eligible students the right to access, inspect, and review education records, the right to challenge the content of education records, and the right to consent to the disclosure of education records.

(l)   Hostile Environment exists when Sexual Misconduct is so severe, persistent, or pervasive as to deny or limit a student’s or employee’s ability to participate in or benefit from the school’s programs or activities.

(m)  Incapacitated means lacking the physical and/or mental ability to make informed, rational judgments. Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of the policy. The question of what the responding Party should have known is objectively based on what a reasonable person in the place of the responding Party- sober and exercising good judgement- would have known about the condition of the reporting Party.

(n)   Incest has the meaning assigned to it under Florida law.

(o)   Investigator is an impartial person designated by the Assigned Title IX Coordinator to investigate an Allegation pursuant to Section 5.04(b) of this Policy.

(p)   Non-Consensual Sexual Contact (NCSC) is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force.
Includes: intentional contact with the breasts, buttock, groin, or genitals or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.

(q)   Non-consensual Sexual Intercourse (NCSI) is any sexual intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force.
Intercourse includes: vaginal or anal penetration by penis, object, tongue or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.

(r)    Parties refers to the Reporting Party and the Responding Party.

(s)    Party refers to either the Reporting Party or the Responding Party.

(t)    Personally Identifiable Information (as that term is defined by FERPA) includes, but is not limited to

(i)   a Student's name;
(ii)  the name of a Student's parent(s) or other family members;
(iii)  the address of a Student or a Student's family;
(iv)  a personal identifier, such as a Student's social security number, Student number, or biometric record;
(v)  other indirect identifiers, such as a Student's date of birth, place of birth, or mother's maiden name;
(vi)  other information that, alone or in combination, is linked or linkable to a specific Student and that would allow a reasonable person in the College community, who does not have personal knowledge of the relevant circumstances, to identify the Student with reasonable certainty; or information requested by a person whom the College reasonably believes knows the identity of the Student to whom the Education Record relates.

(u)    Public Awareness Events  are events or public forums in which students may disclose incidents of Sexual Misconduct. Examples can include Take Back the Night, candlelight vigils, protests, and survivor speak outs.

(v)    Reporting Party is a person bringing forward an Allegation of Sexual Misconduct against a Responding Party, or on whose behalf an Allegation is filed or initiated.

(w)   Responding Party is a person whom an Allegation of Sexual Misconduct is directed from a Reporting Party.

(x)    Responsible Employee is defined in Section 2.02(A)(iii).

(y)    Retaliation means any adverse action threatened or taken against a person because they have filed, supported, or provided information in connection with an allegation of Sexual Misconduct, including but not limited to intimidation, threats, and harassment.

(z)     Sexual Assault means any actual, attempted, or threatened sexual act with another person without that person’s Consent.  By way of example and not limitation, Sexual Assault includes:

Non Consensual Sexual Contact (NCSC) and Non Consensual Sexual Intercourse (NCSI) and;

(i)    Fondling (the touching of the private body parts of another person for the purpose of sexual gratification),
(ii)   Rape (the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person), and
(iii)  Statutory rape as defined by law.

(aa)   Sexual Exploitation means any act of taking non-Consensual, unjust or abusive sexual advantage of another person for one’s own advantage or benefit or to benefit or advantage anyone other than the person being exploited.  Sexual Exploitation includes, but is not limited to:

(i)    Causing or attempting to cause another person to be Incapacitated in order to gain a sexual advantage over such person;
(ii)   Prostituting another person (i.e., personally gaining money, privilege or power from the sexual activities of another);
(iii)  Non-Consensual videotaping, photographing, or audio-taping of sexual activity and/or distribution of these materials via media such as, but not limited to, the Internet;
(iv)  Exceeding the boundaries of Consent (e.g., allowing another person to observe Consensual sex without the knowledge of or Consent from all participants);
(v)   Voyeurism; and
(vi)  Knowingly or recklessly transmitting a sexually transmitted disease (including HIV) to another person.

(bb)   Sexual Harassment is any unwelcome conduct of a sexual nature, unwelcome sexual advances, requests for sexual favors, and other verbal or physical, conduct of a sexual nature. Sexual harassment also includes gender-based harassment which is unwelcome conduct based on a student’s actual or perceived sex. It includes slurs, taunts, stereotypes, or name calling, as well as gender motivated physical threats, attacks, or other hateful conduct.

The behavior is so severe or pervasive that it has the effect of substantially interfering with the individual’s work or educational performance by creating an intimidating, hostile, or demeaning environment for education, employment, on-campus living, or participation in a College activity. Examples of this type of sexual harassment include:

1)   one or more instances of Sexual Assault;
2)   persistent unwelcome efforts to develop a romantic or sexual relationship;
3)   unwelcome sexual advances or requests for sexual favors;
4)   unwelcome commentary about an individual's body or sexual activities;
5)   repeated and unwelcome sexually oriented or gender based teasing, joking, or flirting; and
6)   verbal abuse of a sexual or gender-based nature.

Sexual Harassment also includes acts of intimidation, bullying, aggression or hostility based on gender or gender stereotyping, even if the acts do not involve conduct of a sexual nature.

(cc)   Sexual Intimidation includes but is not limited to:

(i)   Threatening, expressly or impliedly, to commit a sexual act upon another person without their Consent; and
(ii)  Engaging in indecent exposure (i.e., intentionally exposing one’s sexual organs in public) with the intention of alarming, distressing, and/or offending others.

(dd)  Sexual Misconduct means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without Consent.  Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex.  Sexual Misconduct includes all forms of sex-based discrimination.  Sexual Misconduct includes but is not limited to:

1)    Dating Violence;
2)   Domestic Violence;
3)   Incest;
4)   Sexual Assault;
5)   Sexual Exploitation;
6)   Sexual Harassment;
7)   Sexual Intimidation; and
8)   Stalking

(ee)   Sexual Misconduct Board is a standing group composed of Employees who are specially trained to handle cases involving Sexual Misconduct.  The Board members and the Chair of the Board will be appointed by the College President.

(ff)    Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

For purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through Third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property; “reasonable person” means a reasonable person under similar circumstances and with similar identities to the individual; and “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(gg)   Student is an individual who is either:

(i)   registered to be enrolled or is currently enrolled at the College on a full-time basis, or
(ii)  registered to be enrolled or is currently enrolled at the College on less than a full-time basis and is not employed by the College.  (For the avoidance of doubt, an individual who is employed by the College through a work-study or similar program is not considered to be “employed by the College” for purposes of this definition.)

(hh)   Third Party is a person who is not the Reporting Party or Responding Party.  

(ii)  Title IX Coordinator is the Flagler College employee responsible for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX. Flagler College’s Title IX Coordinator is Jessica Kobryn. Her office is room 317 on the 3rd Floor of Proctor Library and may be contacted by phone at (904) 826-8553 or by e-mail at JKobryn@flagler.edu. 

(jj)  Vendor/Contractor is a person or entity not employed by Flagler College who has a contract with or otherwise performs services for the College.

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Download the full Sexual Misconduct Policy and Appendices

Sexual Misconduct Policy

Questions?

If you have any questions about Title IX, please contact Jess Kobryn, Title IX Coordinator. She is located in the Proctor Library- L317 and can be reached via phone at 904.826.8553 or email:

jkobryn@flagler.edu