Title IX at Eastern Florida State College

Including resources for Sexual Misconduct and Assault Victims

Eastern Florida State College is committed to maintaining a safe and healthy learning and working environment that promotes responsibility and respect, and 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 sex or gender. To that end, the College has zero tolerance for sexual or gender-based harassment, sexual violence, dating violence, domestic violence, stalking, and other sexually-related offenses, collectively referred to as Sexual Misconduct.

Sexual Misconduct in an educational setting implicates a Federal law called Title IX of the Education Amendments of 1972. Consistent with the directives of Title IX, all forms of Sexual Misconduct are prohibited by the College. View the Eastern Florida State College Sexual Misconduct Resource Guide

When a report of Sexual Misconduct is made to the College, Title IX requires the College to promptly and effectively respond to such report, even if the individual making the report requests that no action be taken. Any member of the College community who is found to have engaged in any form of Sexual Misconduct is subject to institutional discipline in addition to any penalties that may be imposed by a court of law. Further, the College will take steps to prevent the Sexual Misconduct from occurring in the future, and remedy any discriminatory effects as appropriate.

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What to Do If You Are Sexually Assaulted

Go to a safe location.

Call 911 if you need emergency services.

For assistance on campus, contact the Security Office.
Cocoa Campus: 321-403-5907
Melbourne Campus: 321-403-5909
Palm Bay Campus: 321-403-5911
Titusville Campus: 321-403-4200

For assistance off campus, contact local law enforcement (View additonal Victims Assistance Resources):
Brevard County Sheriff’s Office: 321-264-5209
Cocoa Police Department: 321-639-7620
Melbourne Police Department: 321-608-6731
Palm Bay Police Department: 321-952-3456
Titusville Police Department: 321-264-7800

Seek immediate medical attention if you are injured or have been physically sexually assaulted.

Preserving evidence to the greatest extent possible is important.
  • Do not alter, dispose of, or destroy any physical evidence.
  • If there is suspicion that a drink may have been drugged, inform a medical assistance provider and/or law enforcement as soon as possible so they can attempt to collect possible evidence.
  • Preserve evidence of electronic communications by saving them and/or by taking screen shots of text messages, instant messages, social networking pages, or other electronic communications, and by keeping pictures, logs, or copies of documents that relate to the incident and/or perpetrator.
  • An individual who has been sexually assaulted should not shower, bathe, douche, smoke, brush teeth, eat, drink or change clothes or bedding before going to the hospital or seeking medical attention.
Choose how to proceed. You have options and may pursue whatever combination of options is best for you:
  • You can do nothing until you are ready; but please be aware that delays in reporting an incident can jeopardize the outcome of a successful prosecution or administrative finding due to a degrading of available evidence and other factors.
  • Pursue resolution by the College: If you wish to have an incident investigated and resolved by the College, contact the Chief of Security, Chief Equity and Diversity Officer or Title IX Compliance Coordinator. (Contact information is in the section "How to Report Sexual Misconduct at EFSC" below on this web page). You can view the College's Sexual Misconduct Resource Guide for a PDF version of the information on this reporting process also explained on this website.
  • Those who wish to initiate criminal proceedings should contact the law enforcement agency serving the area where the incident took place. If you would like assistance in contacting law enforcement, please visit any Campus Security Office.
  • Petition the court for a restraining order or “injunction." If you would like to petition the court for an injunction against the perpetrator, contact a local Clerk of Courts Office. Click here for information on the injunction process and your rights as a victim.
  • To pursue other civil legal remedies against the perpetrator, contact an attorney.

Resources for Victims

Multiple resources are available to you both at EFSC and in the community.

Click to view resources for Sexual Assault Victims

View information on victim's rights throughout any criminal process, including how to access injunctions and accommodations.

View definitions of key terms related to Sexual Misconduct

Read answers to Frequently Asked Questions related to Title IX and Sexual Misconduct

How to Report Sexual Misconduct at EFSC

Students, employees, faculty, and others who experience or witness Sexual Misconduct may report incidents to any of the College representatives listed below.

Use the College’s Sexual Misconduct Reporting Form [click to download form] to make a report. You may choose to fill out this form prior to or while meeting with any of the below-named individuals:

Dr. Michael Richey
Title IX Compliance Coordinator
Melbourne Campus, Bldg. 2, Rm. 205
Phone: 321-433-5559
Fax: 321-433-5843
richeym@easternflorida.edu

Darla Ferguson, AVP Human Resources
Chief Equity & Diversity Officer
Cocoa Campus, Bldg. 2, Rm. 113
Phone: 321-433-7080
Fax: 321-433-7685
fergusond@easternflorida.edu

Joe Ambrose, Chief of Security
Melbourne Campus, Bldg. 8, Rm. 201
Phone: 321-433-7007
Fax: 321-433-5026
E-Mail: ambrosej@easternflorida.edu

Victims can make an anonymous report by filling out an Anonymous Reporting Form and submitting it to any Campus Security Office. However, please understand that the College’s ability to respond to an anonymous report may be limited depending on the level of information provided about the incident or the individuals involved. 

View Frequently Asked Questions and Answers about Title IX and Sexual Misconduct

College Responsible Employees

While every employee strives to perform their respective duties in a responsible manner, the term “Responsible Employee” is a special designation under Title IX. The Department of Education defines Responsible Employee as:

  1. any employee who has the authority to take action to redress sexual or gender-based harassment or violence; or
  2. who has been given the duty of reporting such incidents to other college officials; or
  3. whom a student could reasonably believe has this authority or duty.

Most employees at Eastern Florida State College are Responsible Employees, and must report any known information about Sexual Misconduct to the above-named College representatives, or to their supervisor, in a timely manner (within 24 hours). If it's after regular hours or when the College is closed, the employee must notify a Campus Security office immediately. Please use the EFSC Reporting Form for College Employees when receiving such information.

For more information about Responsible Employees at EFSC, view our information document.

Sexual Misconduct Reporting Options, Confidentiality & Reports Involving Minors

Right to Report

The College encourages you to talk to someone about what happened so you can get the help you need, and so the College can respond appropriately. But ultimately it’s your right to report or not report the incident, and it’s your right to decide who to report to, if anyone.

Right to Contact Police

While the College encourages police involvement whenever Sexual Misconduct is potentially criminal in nature, it’s your right to decide whether to contact the police. If you would like assistance in contacting the police, visit the Security Office on campus.

Reports to the College

It is important to understand that when any College employee receives information alleging Sexual Misconduct, he or she is obligated to forward the information to other College officials to investigate and provide an appropriate response. Thus, any report made to a College employee is not confidential. A person who reports to a College employee may request confidentiality, and such a request will be considered by the College in determining an appropriate response, but the College may have to override the request for confidentiality in order to meet its legal obligations under Title IX and other laws. It should be noted that while confidentiality cannot be guaranteed, any information received by the College will be kept as private as possible and only shared with individuals who "need to know" in order to review, investigate, and provide an appropriate response.

Confidential Reporting Options

If confidentiality is important to you, please note that any reports made to sexual assault counselors, domestic violence advocates, members of the clergy, psychotherapists, psychiatrists, and other medical professionals, while such persons are acting in their official capacities, may be confidential. Please confirm the person's ability to keep confidentiality before you confide in the person. Individuals who consult with confidential resources should note that their discussions in these settings are not considered reports to the College, and will not result in any action
by the College.

Reports Involving Minors

Pursuant to Florida law, College officials are obligated to report known or suspected child abuse, abandonment, or neglect to the Department of Children and Families. Accordingly, the College cannot guarantee confidentiality for any report of Sexual Misconduct it receives involving a person under the age of 18.

How EFSC Will Respond to and Resolve Reports of Sexual Misconduct

Click to view full details on the College's response process when a Sexual Misconduct Report is received.

Once a report of alleged Sexual Misconduct has been made to the College, the Title IX Compliance Coordinator (or designee), in consultation with other appropriate College officials, will determine whether any interim protective measures, accommodations, and/or disciplinary sanctions are needed to address the reported Sexual Misconduct. If at any point during the resolution process, the Title IX Compliance Coordinator (or designee) reasonably believes that any person(s) alleged to have violated the College’s Sexual Misconduct policy and procedure (“responding party”) poses a substantial threat of harm to the reporting party or other member(s) of the College community; threatens or endangers College property; or disrupts the stability and continuance of normal College operations and functions, the Title IX Coordinator (or designee), in consultation with appropriate College officials, may take interim actions such as those listed below.

  1. Interim Protective Measures and Accommodations for Reporting Parties. When warranted to protect a reporting party, the Title IX Coordinator (or designee) may implement one or more interim protective measures and/or accommodations, if appropriate and/or reasonably available, including but not limited to the following:
      1. Issuing of no-contact orders to prevent any contact between a reporting party, a responding party, witnesses, and/or third parties to ensure the safety of all parties and the integrity of the process;
      2. Providing the reporting party an escort on campus to ensure that he or she can move safely between classes, work, and/or activities;
      3. Rescheduling class work, assignments, and examinations (with the agreement of the appropriate faculty);
      4. Changing work arrangements or schedules (with the agreement of the appropriate supervisor);
      5. Providing academic support services such as: providing alternative course completion options, dropping a course without penalty, or transferring to a different class section (with the agreement of the appropriate faculty);
      6. Limiting an individual or organization’s access to certain College facilities or activities pending resolution of the matter;
      7. Transportation accommodations, such as alternate parking arrangements to ensure safety.
  2. Interim Disciplinary Measures for Responding Parties. Examples of possible interim disciplinary measures may include:
      1. Restrictions on contact with certain individuals;
      2. Restrictions on entry and/or movement on College property;
      3. Restrictions or revocation of privileges;
      4. Restrictions on, or suspension from, participation in any College-sponsored program, activity, event, organization, club, athletic team, or competition;
      5. Placement on disciplinary probation;
      6. Suspension or expulsion from the College;
      7. Change of position, duties, assignments, or job location;
      8. Placement on paid or unpaid administrative leave;
      9. Termination of employment.
        The specific interim measures, whether protective or disciplinary in nature, will vary depending on the facts of each case. The Title IX Compliance Coordinator (or designee) will consider a number of factors in determining what interim measures to take, including, for example, the specific need expressed by the reporting party; the age of the parties involved; the severity or pervasiveness of the allegations; any continuing effects on the reporting party; whether the parties share the same class, transportation, job location, or residence; and whether other judicial measures have been taken to protect the parties (e.g., injunctions).
  3. Remedies and Sanctions If a report, complaint, or grievance alleging a violation of the College’s Sexual Misconduct policy and procedure is substantiated, the College will determine the appropriate sanctions.
      1. For Students, sanctions may include one or more of the following:
          1. Expulsion. Mandatory separation from the College with no promise of future re-admission. A student who has been expelled is barred from enrolling at or visiting any of the campuses or centers of Eastern Florida State College. The Provost will present recommendations for expulsion to the President. Only the President may authorize an expulsion.
          2. Suspension. Mandatory separation from the College for a period of time as specified in the order of suspension. A student who has been suspended is barred from enrolling at or visiting any of the campuses or centers of Eastern Florida State College during the suspension. The student may re-enroll at the College when the suspension order has elapsed. The Provost will present recommendations for suspension to the President. Only the President may authorize a suspension.
          3. Final Disciplinary Probation. A disciplinary sanction serving notice to a student that the behavior is in flagrant violation of College standards and that the following conditions exist:
              1. The sanction is for the remainder of the student’s attendance at the College.
              2. Another violation of any College policy, procedure, or Student Code of Conduct will result in the imposition of the minimum sanction of suspension.
          4. Disciplinary Probation. A disciplinary sanction serving notice to a student that the student’s behavior is in serious violation of College standards and that continued enrollment depends upon the maintenance of satisfactory citizenship during the period of probation.
          5. Disciplinary Censure. A disciplinary sanction serving notice to a student that the student’s behavior has not met College standards. This sanction remains in effect for the duration of one complete semester. Future violations of any College policy, procedure, or Student Code of Conduct, if occurring while disciplinary censure is in effect, could result in more serious disciplinary sanctions.
          6. Trespass from the College. A student may be trespassed from the College for behavior which is disruptive or illegal as administered by the local police municipalities. Upon notification of trespass order from the local municipality, security will notify the appropriate Associate Provost and Provost for follow up. Students will receive a letter of notification and instruction from the Associate Provost addressing the order, right to appeal and individual to contact for follow up.
          7. Restrictions or Revocation of Privileges. Temporary or permanent restrictions and/or loss of privileges, including but not limited to:
              1. Contact or interaction with other members of the College community;
              2. Access to, use of, or physical presence in specified areas of a campus or other property owned or controlled by the College;
              3. Participation in any College-sponsored program, activity, event, organization, club, athletic team, or competition;
              4. College-related employment, service, or assignments.
          8. Restitution. Reimbursement for damage to, or misappropriate use of, property of the College or other persons. Reimbursement may take the form of rendering repair or compensating for damages.
          9. Community Service. A student may be required to complete work assignments or other service to the College community.
          10. Educational or Counseling Assignment. A student may be assigned sanctions, educational or supportive in nature, to aid in his/her development and better understanding of his/her choices. The student will be given a definite time frame for each assignment and is expected to complete assignments within that time frame in order to avoid further conduct action.
          11. Withholding of diplomas, transcripts, or other records.
          12. Transcript notations.
          13. Verbal or written warning or reprimand.
          14. Other action as deemed appropriate.
          15. No action.
      2. For Staff and Faculty employees, sanctions may include any form of discipline, up to and including termination, as set forth in the Eastern Florida State College Procedures Manual, and/or applicable collective bargaining agreement then in effect.

Information on Sexual Offenders/Predators

In accordance with Florida Statutes, the Florida Department of Law Enforcement (“FDLE”) maintains an active list of sexual offenders (which includes sexual predators) in the State of Florida. FDLE provides a variety of ways to search their database to acquire information a pertaining to sex offenders in their neighborhood or on college and university campuses. To learn more about sexual offenders in our state, please visit the FDLE website at: https://offender.fdle.state.fl.us/offender/

In addition, FDLE has also established the following toll-free number for public access to FDLE's Missing Persons and Offender Registration: 1-888-FL-PREDATOR (1-888-357-7332). By contacting FDLE at this number, the public can request information about Sexual Offenders living in their communities and around the state. Requests may be made using this toll-free number on business days, between 8 AM and 5 PM (ET), Monday through Friday.