Florida Gulf Coast
University
Title IX Responsible
Employee Training
WHAT SHOULD I DO IF I HAVE KNOWLEDGE THAT A STUDENT AT FGCU
MAY HAVE BEEN SUBJECTED TO SEXUAL VIOLENCE OR MISCONDUCT?
TRAINING OBJECTIVES
•
What is Title IX and How is it Relevant to FGCU?
•
How do we Define Sexual Violence and What is its Relevance to Title IX?
•
What is a “Responsible Employee” and Why am I Considered One?
•
What Specifically Should I do if a Student Reports a Sexual Violence to Me?
•
Frequently asked Questions about Mandatory Reporting
WHY IS THIS TRAINING
IMPORTANT
What is Title IX?
•
Title IX is a federal civil rights law that prohibits discrimination on the basis of
sex with respect to schools that receive financial assistance from the U.S.
Department of Education (US-DOE).
•
Title IX applies to FGCU, as well as any other school that accepts federal
financial assistance.
•
Title IX protects against sexual harassment in the educational environment,
gender based harassment, inequitable funding in Athletics based on sex, sexual
harassment in the workplace, sexual assault, dating/domestic violence, stalking,
or any other discrimination or harassment based on sex.
•
Title IX is enforced by the US-DOE’s Office for Civil Rights (OCR).
•
Each University is required to have a Title IX Coordinator to ensure its
compliance with Title IX.
•
Please note: Title IX prohibits sexual violence as a form of sexual harassment
Title IX Coordinator Responsibilities
•
Overseeing the University’s response to Title IX reports and complaints.
•
Identifying and addressing any patterns or systemic problems revealed by
such reports and complaints.
•
Investigating, when appropriate, complaints of sex discrimination, sexual
harassment and sexual violence.
•
Ensuring a prompt, thorough, and equitable investigative process for
everyone involved.
•
Helping potential victims navigate the process and seek remedies.
•
Training the campus community of the prohibitions of Title IX.
•
Resolving complaints and addressing issues of sex discrimination, sexual
harassment, and sexual misconduct.
Florida laws that define Title IX
Violations
Florida Law defining Title IX violations:
•
Under Florida law, Sexual Battery (Title IX sexual assault) occurs when there
is non-consensual oral, anal, or vaginal penetration by, or union with, the sexual
organ of another, or the anal or vaginal penetration of another by any other object;
Florida Statute 794.011
•
Under Florida law, Domestic Violence is considered any assault, aggravated
assault, battery, aggravated battery, sexual assault, sexual battery, stalking,
aggravated stalking, kidnapping, false imprisonment, or any criminal offense
resulting in physical injury or death of one family or household member by
another family or household member; Florida Statute 741.28
•
Under Florida law, Stalking occurs when a person willfully, maliciously, and
repeatedly follows, harasses, or cyberstalks another person. It is aggravated
stalking if the stalker makes a credible threat. Florida Statute 784.048
Important University Definitions to
Know
•
Sexual Assault - occurs when a party engages or attempts to engage in a particular sexual act with
another person against their will or when the person is unable to give consent.
•
Consent - is the mutual assent by words or actions to participate in a particular activity that must
be made voluntarily and competently by both parties.

In order to be made voluntarily it must be free from threat, force, intimidation, extortion, and
undue influence.

In order for consent to be made competently, all individuals must have the capacity to consent.
If one of the parties is incapacitated due to drug or alcohol use, then that person lacks the
necessary capacity, and thus the competency, to consent.
•
Domestic/Dating/Intimate Partner Violence – is the use of physical violence, force, threats,
intimidation, isolation, stalking, or other forms of emotional, sexual, or economic abuse directed
towards an Intimate Partner.
•
Stalking - occurs when a person engages in a course of conduct aimed at a specific individual that
could cause that person to fear for their safety or subjects them to emotional distress.
What is a “Responsible Employee”
and Why am I Considered One?
•
Responsible Employee - OCR defines a responsible employee as one who:
1. Has the authority to take action to redress sexual violence; or
2. Who has been given the duty of reporting incidents of sexual violence; or
3. A student could reasonably believe had the authority to assist in addressing an
allegation of sexual assault.
•
As an Instructor, Adjunct, Professor, Chair, Dean, etc., you are considered
to be a “Responsible Employee” based on your interaction with students.
•
Since you are considered a responsible employee, under Title IX, you are
required to report incidents of alleged sexual assault to the Title IX
Coordinator.
So What Should I Report and to
Whom Should I Report it?
•
If a student reports an incident of sexual violence, you should report it to the Title IX
Coordinator as soon as possible.
•
You should provide the Title IX Coordinator with any relevant details that you have
(i.e. name of student(s) involved, location of incident, if physical violence was
allegedly used, etc.).
•
Once this information has been communicated to the Title IX Coordinator, you have
fulfilled your responsibility as a “Responsible Employee”.
•
The Title IX Coordinator will then involve the appropriate University officials and
take steps to address the complaint.
•
Again, the University only expects you to report what you have been told; you do
not need to, and should not, mediate, investigate, or otherwise attempt to resolve the
complaint.
I am NOT Sure if the Student is Alleging
Sexual Violence/ Misconduct. Should I Still
Report It?
•
You should absolutely report anything that remotely resembles a possible sexual violence.
•
It is the responsibility of the Title IX Coordinator or his or her Deputy Title IX Coordinators to
determine if a particular set of facts equate to sexual violence.
•
Examples of comments in which a report should be made:

During your office hours a student says “I had sex on Saturday night that I wasn’t “100
percent comfortable with”.

I blacked out at a party and woke up naked next to someone I have never met before. I am not
sure what happened or how I got there.

A person kept pressuring me to have sex last night and I eventually did although I didn’t want
to do so.
NOTE: It is important to remember that in some instances a student may not say I was raped or
sexually assaulted; rather, he or she may describe a situation that they were uncomfortable with. As
an Responsible Employee just be mindful that students may not necessarily always use the “buzz
words”.
What Happens When a Title IX
Complaint is filed at FGCU?
1.
University is put on notice of a possible instance of sexual violence (via a Responsible Employee or a Student).
2.
Report is made to the Title IX Coordinator.
3.
Complainant and Respondent are informed of their rights and provided with appropriate University resources
(CAPS, UPD, Dean of Student, etc.).
4.
Interim measures are taken, if needed, including, but not limited to: changing housing arrangements, changing
course schedules, no contact order, interim suspension, changes in exam times, etc.
5.
Investigation is commenced (extent of Investigation is determined by Complainant’s level of participation).
Investigation includes witness interviews, review of police reports (if applicable), review of text messages, review
of emails, review of video surveillance (if applicable), etc.
6.
Investigation determines, by the “preponderance of the evidence,” whether there is sufficient evidence of sexual
assault.
7.
Possible sanctions/disciplinary action if sufficient evidence of sexual assault. (For students, sanctions are
determined through the Student Code of Conduct. For faculty and staff, discipline action is determined through
applicable regulations/policies.)
8.
Title IX Coordinator follows up with Complainant and Respondent subsequent to the investigation.
FREQUENTLY
ASKED QUESTIONS
Why Do I Have to Report?
•
IT IS THE RIGHT THING TO DO. The University is committed not only to
being in compliance with Title IX, but to truly have the safest working and
learning environment possible.
•
Title IX as enforced by OCR requires “Responsible Employees” to report
incidents of sexual violence to the Title IX Coordinator. There are potentially
grave consequences for not reporting allegations of sexual violence.
What Happens if I Don’t Report
•
Your non-reporting will put FGCU in noncompliance with Title IX (which could
ultimately cost FGCU its federal funding from the US-DOE).
•
You could be subjecting a student to an unsafe learning environment.
•
You could subject FGCU to major legal liability.
•
You could face possible employment sanctions.

Note: If a University employee does not report information of a possible sexual assault,
or any other type of sexual misconduct, and the student is under the age of 18, the
University WILL face a fine of ONE MILLION DOLLARS PER OCCURANCE
OF NON-REPORTING.

You could also be PERSONALLY subjected to legal action for failure to
report such conduct against a minor.
QUESTION/ANSWER
QUESTION: I am a licensed counselor, therapist, pastor, social worker, etc. Do I still
have to report despite my licensure/position?
ANSWER: It depends. Your reporting requirements will depend upon your predominant
relationship with the student at the time you hear the information. For instance, if you
are a Sociology 101 Instructor that happens to be a licensed therapist and a student
approaches you because you are his/her Sociology 101 Instructor, then you would need
to report. Conversely, if the student is both a patient and student of yours and s/he
discloses a sexual assault as a part of a counseling session, then you would not have to
report.
Please note: In most cases, instructors, professors, staff, etc., will fall into the first
category. In most instances the student comes to an employee because there is a certain
relationship between the two. The question to ask is, “What hat” does the student believe
I am “wearing” when s/he told me the information?
QUESTION/ANSWER
QUESTION: Can I tell the student that the information is confidential?
ANSWER: Only if it is. If as a “Responsible Employee” you are required to report the
information, then do not promise confidentiality. A subsequent investigation may not be
able to provide “complete confidentiality” (due to the fact that an investigation may
include interviewing a witness or multiple witnesses that would have to be informed
about the nature of the allegation in order to respond to it).
PLEASE NOTE: There is a difference between confidentiality and privacy. You can
inform the student that you will keep the information private. Privacy suggests that you
will only inform the persons to whom you are required to report, so that s/he can
respond to the complaint. Inform the student that you will not repeat the information to
colleagues, other students, or third parties, other than those who are required to know.
QUESTION/ANSWER
QUESTION: What will happen after I report the information?
ANSWER: It depends on the nature of the allegations, the entities involved, the
student’s level of cooperation, and several other factors. However, generally the Title
IX Coordinator will initiate contact with the student and in consultation with other
appropriate University offices (Dean of Students’ Office, UPD, CAPS, etc.) first ensure
that the student is safe and determine what, if any, interim measures are necessary to
ensure safety. Interim measures could include separating the accuser and the accused if
they share the same residence hall, classes, student organizations, etc. Interim measures
could also include interim suspension, a “no-contact order”, or other measures that are
deemed appropriate given the situation and determined to be necessary to ensure safety
for the accuser while also providing due process to the accused.
QUESTION/ANSWER
QUESTION: I know this student pretty well. Can I help them resolve the matter
instead of reporting it?
ANSWER: ABSOLUTELY NOT! If you have a good relationship with the student and
truly want to help, then report the matter to the Title IX Coordinator Often times good
intentions can quickly go awry when individuals attempt to handle such matters without
proper training or experience. Also, the University would never want you to put
yourself in a situation that could bring you or the student harm. The best thing you can
do is to forward the information to the Title IX Coordinator.
QUESTION/ANSWER
QUESTION: I do not believe what the student is saying and thus I do not want to “get
anyone in trouble”. In fact, I think the allegation is ridiculous. Do I still have to report?
ANSWER: ABSOLUTELY! Regardless of what you think about the merits of an
alleged assault you MUST report it to the Title IX Coordinator. It is the responsibility
of appropriate University officials (i.e. TIX Coordinator, UPD, Dean of Students’, etc.)
to determine the merits of allegations of sexual violence. Report the matter to the Title
IX Coordinator and let the appropriate officials do their job. A subsequent investigation
can assist in determining the merits of an allegation and whether a sanction is required.
QUESTION/ANSWER
QUESTION: I’m not a full time professor. In fact, I am an adjunct who only teaches
one online course per semester. Do I need to report if I receive information of an
alleged act of sexual violence?
ANSWER: Yes. You are still, by virtue of your position, a “Responsible Employee”. A
person does not have to be employed full time in order to be a “Responsible
Employee”. The standard for being a “Responsible Employee” is whether a student
would reasonably believe that you have the power to address a complaint of sexual
violence. If you are an adjunct instructor/professor, it would be reasonable for a student
to believe that you have the ability (at least in some capacity) to address an allegation
of sexual violence. Most often students who report allegations of sexual misconduct to
instructors/professors do so based on a previously established relationship and not
arbitrarily to an adjunct who they may have little or no personal relationship with.
However, if for whatever reason a student decides to report to you then you MUST
inform the Title IX Coordinator.
QUESTION/ANSWER
QUESTION: Sexual Violence is a crime. Shouldn’t I report it to local police or UPD
instead of the Title IX Coordinator?
ANSWER: The report should be made to the Title IX Coordinator. The Title IX
Coordinator will inform the student of their right to file a criminal complaint. It is
important to note that the University is required to respond when it receives
information about possible sexual violence, while students have the option to file a
police report and sometimes elect not to do so.
Title IX has a different evidentiary standard than criminal cases. In order for there to
be sufficient evidence of sexual violence under Title IX, the “preponderance of the
evidence standard” has to be met. The criminal evidentiary standard for sexual battery
(assault) is “reasonable doubt”. Sometimes there is insufficient evidence of criminal
sexual battery (assault), but enough evidence under Title IX to meet the preponderance
of the evidence standard.
QUESTION/ANSWER
QUESTION: What should I disclose to the Student once the information is reported to me?
ANSWER:
1.
That you are required to report the information to the Title IX Coordinator.
2.
That the student can share any confidentiality concerns with the Title IX Coordinator.
3.
That the information that the student shared with you will remain private.
4.
Share information about the University's Counseling and Psychological Services (CAPS)
Office or other off campus counselors (if you are comfortable doing so).
QUESTION/ANSWER
QUESTION: The student and I have a close relationship and that is why s/he came to me. I do
not want to betray their trust and thus do not want to report. Do I still have to report?
ANSWER: Although this is a difficult situation, it is not a unique one. Students often come to
faculty/staff members whom they’ve fostered a close relationship with in which the student and
the faculty/staff members discuss issues beyond the scope of the classroom. However, the
potential dangers of not reporting outweigh the (usually temporary) damage done to the studentemployee relationship. There are 4 “scenarios” that could occur.
SCENERIO 1
THE NIGHTMARE SCENERIO

A student reports a sexual assault to Employee Washington but asks him
NOT report it because s/he does not wish to get the alleged assaulter in
trouble. Employee Washington honors the request. At this point, the
“University” has been put on notice that one of its students may have been
sexually assaulted. However, because of the student’s request, Employee
Washington does not report the matter to the Title IX Coordinator.
Subsequently, the same individual who the student accused of the sexual
assault, is accused of three other sexual assaults. In this situation the
University was on notice of a potential assaulter on campus, did nothing
about it, and the same person then subsequently hurt someone else. This is
by far the worst case scenario and one that can be avoided by simply
REPORTING.
SCENERIO 2
THE LEGAL SCENERIO
•
•
•
•
Employee Washington from Scenario 1 does not report the allegation of sexual
assault to the Title IX Coordinator.
Again, the University has been put on notice that one of its students may have
been sexually assaulted. Employee Washington did not want to “betray the
student’s trust”.
Six months later the student decides that although s/he initially wanted to “keep
the information confidential” s/he now believes that Employee Washington who
was told the information should have acted despite the student’s initial
reservations. The student then subsequently files a lawsuit alleging that the
University “willfully ignored” a student report of sexual assault.
The University may be forced to pay a large sum, as well as be subjected to years
of negative media attention. In such a case, it would be reasonable to assume that
the “non-reporting” Employee Washington would be subject to some sort of
University disciplinary action.
SCENERIO 3
THE COMPLIANCE SCENERIO
•
•
•
•
Employee Washington AGAIN does not report the allegation of sexual assault to
the Title IX Coordinator.
The University has again been put on notice that one of its students may have been
sexually assaulted and does not take action because Employee Washington did not
want to “betray the student’s trust”.
Six months later the student decides that although s/he initially wanted to “keep
the information confidential” s/he now believes that the employee who was told
the information should have known better and acted despite the student’s initial
reservations. The student then subsequently files a complaint with OCR or a
similar civil rights enforcement agency. OCR will (rightfully) find a violation of
Title IX in that the University was on “actual notice” that a sexual assault may
have occurred and did nothing to act on it.
The University will likely be under years of monitoring for the Title IX violation
which will include at minimum: multiple mandatory trainings (for all
employees), random visits (to the University as a whole and to individual
departments) for the purposing of monitoring the campus, and completion of
multiple climate surveys over a period of years.
SCENERIO 4
THE APPROPRIATE SCENERIO
•
•
•
•
Employee Washington reports the sexual assault allegation to the Title IX
Coordinator. When he makes the report, he informs the Title IX Coordinator of
the person who made the allegation and who the allegation was made against.
Employee Washington also informs the student that he will have to report the
sexual assault allegations despite the student’s objections.
The University takes any or all of the following actions: 1. Provides the student
with on and off campus counseling services; 2) Provides interim measures to the
student (i.e. organizing a test re-take, changing housing of the accused, etc.); 3)
Informs the Complainant of their right to file a criminal report; 4) Investigates the
complaint (to the extent the student participates in the investigation); and 5)
Disciplines the Perpetrator if the evidence is sufficient to determine that more than
likely a sexual assault occurred.
Sometimes students that initially do not want an allegation addressed subsequently
change their mind and ask the University for assistance. If the University has been
proactive (i.e. report), then assisting the student will be much easier and more
importantly much more effective.
Brandon
Washington, Title IX
Coordinator
EMAIL: BWASHINGTON@FGCU.EDU
PHONE: 239-745-4366
LOCATION EDWARDS HALL SUITE 114
QUESTIONS
FOLLOW UP QUESTIONS CAN ALSO BE EMAILED TO
BWASHINGTON@FGCU.EDU