Title IX
“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX of the Education Amendments of 1972, and its implementing regulations at 34 C.F.R. Part 106 (Title IX).
Under Title IX, FLISM does not discriminate based on sex/gender in education programs and activities. In 2020, the US Department of Education adopted new Title IX regulations defining sexual harassment and specifying procedures for the investigation and adjudication of sexual harassment allegations. Additionally, other forms of sex discrimination and sexual misconduct not included in this definition are prohibited by law and continue to be included in the Anti-Sexual Misconduct Policy.
Furthermore, the Florida Educational Equity Act prohibits discrimination in schools based on race, ethnicity, national origin, gender, disability, or marital status. FLA. STAT. § 1000.05 (2019). FLISM’s commitment to addressing and eliminating discrimination based on sex is reaffirmed and applies to all faculty, staff, students, visitors, applicants, and contractors.
The president of FLISM is responsible for overseeing the development of sexual misconduct policies, ensuring compliance with Title IX and relevant federal and state regulations, and investigating Title IX complaints alleging student sexual misconduct. The Human Resources department will oversee investigations of alleged sexual misconduct by employees and third parties. Report regarding Title IX, as well as concerns about and complaints of non-compliance (including complaints of sexual harassment, sex discrimination, or other sexual misconduct), should be submitted to the President’s office.
Complaints will be addressed following the institute’s discrimination complaint procedures contained in its Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy, Title IX Compliance Policy, and the Student Code of Conduct. Some acts of sexual harassment or misconduct may also constitute violations of criminal law and require mandatory reporting to the Police Department, e.g., sexual battery, indecent exposure, and sexual abuse.
Title IX Frequently Asked Questions
What is Sexual Misconduct?
Sexual misconduct is an umbrella term used to refer to a broad range of sexually inappropriate behaviors prohibited by Florida State University Policy. Sexual Misconduct includes all forms of non-consensual sexual activity and unwelcome sexual conduct including sexual violence (rape/sexual battery/sexual assault); relationship violence (domestic violence and dating violence); stalking; sex- and gender-based discrimination (including gender identity, gender expression, and sexual orientation); sexual harassment; and other forms of sexually exploitative behaviour.
Is discrimination based on pregnancy or parental status a type of sex discrimination?
Yes.
Who is protected from sexual misconduct under Title IX?
All University students, employees, and visitors are protected. This protection is regardless of gender, sexual orientation, sexual identity, race, religion, national origin, or any other protected group status. Students from elementary to graduate school are protected, regardless of full- or part-time or online status.
What is Consent?
Consent includes:
Asking the question of a capable person with adequate disclosure and without coercion. A capable person is someone who is not incapacitated. An individual can be incapacitated by drugs, alcohol, illness, or mental impairment/disability. People who are asleep or unconscious are always incapacitated.
Consent can be withdrawn at any time. Prior consent does not mean future consent.
Who MUST report sexual misconduct?
All Responsible Employees, including but not limited to faculty, adjuncts, staff, graduate assistants, and student employees. As a responsible employee, you must report any student or subordinate disclosure within two business days. When in doubt, report to the President of the institute; privacy will be maintained within the scope of the law. Employees and students are encouraged to report peer-to-peer (colleague-to-colleague or student-to-student) disclosure but are not required to do so.
What do I do if a student discloses to me?
If you are a Responsible Employee, you must report to the President of the institute. If not a Responsible Employee, you should encourage the student to seek support services
What if the student who discloses is a minor (or was a minor when the abuse occurred)?
In addition to reporting to the President of the institute, any incidents of abuse of a minor must also be reported to the Florida Department of Children and Families (DCF) by every individual who is made aware of the abuse. Under Florida’s Protection of Vulnerable Persons Act, all Florida residents must personally report any type of child abuse.
What happens after a report is made to the Title IX Office?
The Institute will take appropriate measures to investigate, eliminate the inappropriate conduct, address its effects, and prevent reoccurrence. Whenever possible the Reporting Party’s request to the Title IX Director for confidentiality will be maintained. The request for confidentiality must be made to the Title IX Director or designee.
What are the rights of the Reporting Parties and Responding Parties?
The rights of both parties during the investigation and adjudication process include a fair, impartial and prompt investigation and resolution of the allegations.
What is retaliation?
Retaliation is any creation of a hostile environment or adverse action threatened or taken against an individual because they:
Make a Report under this Policy.
Assist another person in making a Report.
Participate in the investigation of such a Report.
Opposes conduct that they believe constitutes a violation of this Policy.
What do I do if I think someone is retaliating against me?
Report the retaliation immediately to the President of the institute.
What do I do if I think someone is retaliating against me?
Report the retaliation immediately to the President of the institute.
What could happen if I or someone I know retaliates?
You, or they, could face a charge of retaliation in addition to any charges of sexual misconduct.
What is complicity?
Complicity is any action or behaviour done with the intent of aiding, facilitating, promoting or encouraging the commission of an act of Sex Discrimination or Sexual Misconduct.