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Title IX Grievance Procedure - Sexual Misconduct Formal Complaints

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with an individual’s ability to equally access educational programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule (“Final Rule”) under Title IX that:

  • Defines the meaning of sexual harassment, sexual assault, dating violence, domestic violence, and stalking (collectively referred to in this procedure as “Sexual Misconduct”);
  • Addresses how the College must respond to reports of Sexual Misconduct; and
  • Mandates a grievance process that the College must follow before issuing a disciplinary sanction against a person accused of Sexual Misconduct.

Under the Final Rule, the College must narrow both the geographic scope of its authority to act under Title IX and the types of conduct that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definitions will be investigated and, if appropriate, brought to a live hearing through the grievance process outlined below. However, the College remains committed to addressing any violations of its community standards, including those not meeting the strict definitions of the Final Rule, through enforcement of its Student Code of Conduct and/or other applicable policies, procedures, handbooks, rules, or regulations.

As required by the Final Rule, the College implements the following procedure for formal complaints of Sexual Misconduct brought on or after August 14, 2020.

Click each section of the procedure for details.

A. Definitions

View the Definitions related to formal complaints of Sexual Misconduct brought on or after August 14, 2020 under EFSC's Title IX Grievance Procedure.

B. Scope and Jurisdiction

  1. The College’s prohibition against Sexual Misconduct applies to conduct occurring in an education program or activity of the College by a student, staff or faculty member, or affiliate doing business with or providing services to the College, regardless of the sex, sexual orientation, gender, or gender identity of any party. In addition, the College’s prohibition against Sexual Misconduct applies not only to physical contact, but also to oral, written, and electronic and other technology-assisted communications, to include communication via telephone, voicemail, e-mail, text message, social media, chat/forum/messaging (or similar concept), video call/messaging/conferencing (or similar concept), learning management system and other learning software, gaming program, and other technology-assisted tools and platforms. The College’s prohibition against Sexual Misconduct applies whether or not the incident(s) occurs on College property and whether or not the incident(s) occurs during educational or working hours.
  2. Consensual Relationships: This procedure specifically covers Sexual Misconduct as defined in the Section A Definitions. Consensual romantic relationships not involving Sexual Misconduct as contemplated by this procedure between members of the College community may be subject to other College policies and procedures. In addition, while romantic relationships may begin as consensual, they may evolve into situations that lead to reports of Sexual Misconduct which are subject to this procedure. Romantic relationships between individuals with significant power differentials are particularly problematic. For this reason, the College strongly discourages romantic relationships between staff/faculty and students, and between staff/faculty and supervisors.

C. Title IX Grievance Process

  1. The College will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for Sexual Misconduct has been made against the respondent before the imposition of any disciplinary sanctions against a respondent. Respondents will be presumed not responsible until a determination regarding responsibility is made at the conclusion of the grievance process.
  2. The College will use the preponderance-of-the-evidence standard (i.e. more likely than not) in determining responsibility.
  3. The College will make an objective evaluation of all relevant and available evidence – including both inculpatory and exculpatory evidence – and may not make credibility determinations based on a person’s status as a complainant, respondent, or witness.
  4. The College will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and may not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding.
  5. Any advisor serves at a party’s own expense and initiative. The College is not responsible for providing an advisor for any party, except under the limited circumstances and for the limited purposes described in Section M.4. A person may not serve as an advisor if their service would unreasonably conflict with or disrupt the fair administration of the matter under consideration, as determined by the presiding College official. An advisor’s main role is to advise a party. A student may consult with an advisor during any meeting or grievance proceeding, provided such consultation does not cause disruption or unreasonable delay. Except to accommodate a disability or for the purposes described in Section M.6., each party must speak for themselves during any meeting or grievance proceeding, including live hearings; an advisor cannot speak for a party, present a party’s case, serve as a witness, or otherwise participate directly unless specifically requested by the presiding College official. If an advisor does not adhere to their defined role, they may be removed at the discretion of the presiding College official. Students must provide the identity of any advisor, as well as a signed FERPA waiver, to the presiding College official prior to the start of any meeting or grievance proceeding attended by the advisor.
  6. The College will ensure that the Title IX Coordinator and any individual designated as an investigator, decision-maker, or informal resolution facilitator does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The College will ensure that the Title IX Coordinator, investigators, decision-makers, and informal resolution facilitators receive training on the definition of Sexual Misconduct, the scope of the education program or activity of the College, how to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The College will make all training materials publicly available through its website.
  7. The College will ensure that decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant. The College will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Any materials used to train Title IX Coordinator, investigators, and decision-makers, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of Sexual Misconduct.
  8. The College will ensure reasonably prompt time frames for conclusion of the grievance process, including reasonably prompt time frames for filing and resolving appeals and informal resolution processes, and a process that allows for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
  9. The College must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of Sexual Misconduct, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination required to be adopted under § 106.8(c).

D. Reporting Sexual Misconduct

Reports of alleged Sexual Misconduct may be directed to the College’s Title IX Coordinator:

Stephen W. Salvo, Title IX Compliance Coordinator
3865 North Wickham Road
Building 8-201G
Melbourne, Florida 32935
Phone: 321-433-5775
E-Mail: salvos@easternflorida.edu

In addition, reports of alleged Sexual Misconduct may be made to any of the following College officials: any Vice President, Associate Vice President, Provost, Dean, Associate Provost, Student Life Coordinator/Student Ombudsman, Athletic Coach, Director of Support Services, Resident Assistant, or Campus Security Officer. Upon receipt of such a report, the College official must immediately notify the Title IX Coordinator.

Individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action and possible arrest and criminal action. This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation.

Individuals experiencing alleged Sexual Misconduct also have the right to file a formal grievance with outside government agencies such as:

Florida Department of Education
Division of Florida Colleges, Equity and Civil Rights Compliance
325 West Gaines Street, Suite 1544
Tallahassee, FL 32399-0400
Phone: 850-245-9468

or

U.S. Department of Education
Office for Civil Rights, Atlanta Office
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927
Phone: 404-974-9406

E. Initial Response

  1. Upon receipt of actual knowledge of alleged Sexual Misconduct, the Title IX Coordinator or designee will promptly contact the complainant to discuss:
    • The availability of supportive measures;
    • Consider the complainant’s wishes with respect to supportive measures;
    • Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint;
    • Explain to the complainant the process for filing a formal complaint; and
    • Inform the complainant that the College must investigate the allegations in a formal complaint and provide for a live hearing.
  2. In addition, whether alleged Sexual Misconduct occurred on or off campus, the Title IX Coordinator or designee will ensure the complainant is promptly provided with a hard or electronic copy of the College’s most recent Victim Resource Guide, which shall contain information about:
    • The College’s Sexual Misconduct policy and procedure.
    • How to file a formal complaint.
    • Their option to contact law enforcement authorities immediately and directly.
    • Their ability to obtain assistance of Campus Security Officers or College staff in notifying law enforcement authorities if the complainant so chooses.
    • Their option to decline to notify law enforcement authorities.
    • The procedures and contact information needed to obtain orders of protection, no contact orders, restraining orders, or similar lawful orders issued by criminal or civil courts.
    • The importance of preserving evidence as may be necessary to prove criminal domestic violence, dating violence, sexual assault, sexual battery or stalking, or to assist in obtaining a protection order.
    • Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims both on-campus and in the community.
    • Options for, and available assistance in, changing academic, living, transportation, and working situations, if requested by the complainant and if reasonably available.
    • Their rights and options as a crime victim in the State of Florida.
    • Information about how the College protects their confidentiality for crime reporting purposes.
    • Information about how the College maintains as confidential any accommodations or protective measures provided to the complainant, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures.

F. Emergency Removal/Administrative Leave

At any time after receipt of actual knowledge, the College may remove a student respondent from an education program or activity on an emergency basis provided that the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Misconduct justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. In addition, the College may place a staff or faculty member respondent on administrative leave in accordance with College or other applicable procedures.

G. Supportive Measures

  1. Supportive measures, if appropriate and reasonably available, include but are not limited to the following:
    • Extensions of deadlines or other course-related adjustments (with the agreement of the appropriate faculty);
    • Modifications of class schedules (with the agreement of the appropriate faculty);
    • Counseling;
    • Campus escort services;
    • Increased security and monitoring of certain areas of campus;
    • Changes in housing locations or arrangements;
    • Changes in work locations, arrangements, or schedules;
    • Leaves of absence;
    • Restrictions on: (i) contact or interaction with other members of the College community; (ii) access to, use of, or physical presence on or within specified areas of College facilities or property; (iii) participation in any College-sponsored program, activity, event, organization, club, athletic team, or competition; or (iv) College-related employment, service, or assignments; and
    • Other similar measures.
  2. In cases where no formal complaint is filed by the complainant or the Title IX Coordinator, the College will offer supportive measures to the complainant. The Title IX Coordinator is responsible for the effective implementation of supportive measures, and if supportive measures are not provided to a complainant, the Title IX Coordinator must document the reason(s) why supportive measures were not provided and the reason(s) why this was not clearly unreasonable in light of the known circumstances (for example, because the complainant did not wish to receive supportive measures or refused to discuss supportive measures with the Title IX Coordinator when the Title IX Coordinator contacted the complainant to have such a discussion). Thus, unless a complainant does not desire supportive measures (i.e., refuses the offer of supportive measures), complainants must receive supportive measures designed to restore or preserve the complainant’s equal educational access, regardless of whether a formal complaint is filed.
  3. There is no corresponding obligation to offer supportive measures to respondents; rather, the College may provide supportive measures to a respondent if appropriate and reasonably available.
  4. When providing supportive measures, the College must be mindful of the respondent’s presumption of non-responsibility. Supportive measures are intended to restore or preserve equal access to education without unreasonably burdening a party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter Sexual Misconduct, and cannot be a disciplinary sanction listed in Section O. However, this does mean the College cannot provide supportive measures that place some burden on a party. Rather, it only prohibits the College from providing supportive measures that place an unreasonable burden on a party. If a specific action is not listed as a possible disciplinary sanction under Section O, then such action may be taken as a supportive measure for a complainant if the action is not disciplinary or punitive and does not unreasonably burden the respondent. 85 Fed. Reg. 30181-30182 (May 19, 2020).

H. Dismissal of Formal Complaints

  1. Mandatory Dismissal. If the conduct alleged in a formal complaint would not constitute Sexual Misconduct even if proven, or did not occur in an education program or activity, or did not occur against a person in the United States, then the College must dismiss the formal complaint as to that alleged conduct. However, such a dismissal does not preclude action under the College’s Student Code of Conduct or and/or other applicable policies, procedures, handbooks, rules, or regulations.
  2. Permitted Dismissal. The College may dismiss a formal complaint or any allegations therein, if at any time during the investigation or hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by the College, or specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
  3. Upon a dismissal required or permitted pursuant to Section H.1. or H.2. above, the College must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

I. Notice of Allegations

Upon receipt of a formal complaint that is not dismissed pursuant to Section H, the College will provide the following information in writing (e-mail is sufficient) to the complainant and the respondent (if known):

  1. A copy of this Procedures Manual Section 800.10.
  2. Notice of the alleged conduct potentially constituting Sexual Misconduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview with a respondent.
  3. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Misconduct, and the date and location of the alleged incident, if known.
  4. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  5. A list of possible disciplinary sanctions and remedies that the College may implement following any determination of responsibility.
  6. A list of possible supportive measures available to both parties.
  7. Information about any available informal resolution processes.
  8. Notice that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence.
  9. Notice that the College’s Student Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

J. Informal Resolution

At any time after a formal complaint is filed, the College may facilitate an informal resolution process, such as mediation, that does not involve a full investigation (see Section K), adjudication (see Section M), and/or appellate process (see Section N), provided the College:

  1. Provides to the parties a written notice disclosing:
    • The information required by Section I;
    • The requirements of the informal resolution process, including the circumstances under which it precludes the parties from obtaining a written determination on a formal complaint;
    • That at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to a formal complaint, and
    • Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared in connection with the informal resolution process.
  2. Obtains the parties’ voluntary, written consent to the informal resolution process; and
  3. Does not offer or facilitate an informal resolution process to resolve allegations involving a student complainant and employee respondent.

The College may not require any party to participate in informal resolution, and may not condition enrollment, employment, or enjoyment of any other right, on participation in informal resolution.

K. Investigation of Formal Complaints

The College will investigate allegations made in a formal complaint in substantial conformity with the following:

  1. The College will provide the parties and others whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative meetings, interviews, and hearings, with sufficient time for the participants to prepare.
  2. The College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, and shall not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
  3. The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
  4. The College will ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties provided that the College cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s (or parent/legal guardian’s) voluntary, written permission to do so for the grievance process.
  5. If, in the course of an investigation, the Title IX Coordinator decides to investigate allegations about the complainant or respondent that are not included in the notice provided pursuant to Section I, the College must provide notice of the additional allegations to the parties whose identities are known.
  6. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the College must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report. The College must make all such evidence subject to the parties’ inspection and review available at any live hearing and give each party equal opportunity to refer to such evidence during a live hearing, including for purposes of cross-examination.
  7. The College will create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a live hearing, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

L. Consolidation of Formal Complaints

The College may consolidate formal complaints as to allegations of Sexual Misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Sexual Misconduct arise out of the same facts or circumstances.

M. Live Hearings

The College will conduct live hearings in substantial conformity with the following:

  1. Live hearings may be conducted with all parties physically present in the same geographic location or, at the College’s discretion, any or all parties, witnesses, and other participants may appear virtually, with technology enabling participants simultaneously to see and hear each other.
  2. At the request of either party, the College must provide for a live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.
  3. The College must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
  4. If a party does not have an advisor present at a live hearing, the College will provide without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be, an attorney, for the limited purpose of asking cross-examination questions on behalf of that party to the other party and/or witnesses during a live hearing. Such advisor shall not be expected or required to formulate the cross-examination questions to be asked, provide any advice (legal or otherwise), or perform any other service or function on behalf of that party beyond relaying that party’s desired cross-examination questions during a live hearing.
  5. Only relevant questions may be asked of a party or witness.
  6. Cross-examination must be conducted directly, orally, and in real time by a party’s advisor and never by a party personally.
  7. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
  8. While the opportunity for cross-examination is required in all live hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the decision-maker(s).
  9. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
  10. Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.
  11. Decision-makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion. Except where specifically barred by the Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be afforded lower weight than testimony regarding direct knowledge of specific facts that occurred.
  12. The Final Rule requires the College to allow parties to call “expert witnesses” for direct and cross examination. The College generally does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be cross-examined, the decision-maker(s) will afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.
  13. The Final Rule requires the College to allow parties to call “character witnesses” to testify. The College generally does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be cross-examined, the decision-maker(s) will afford very low weight to any non-factual character testimony of any witness.
  14. The Final Rule requires the College to admit and allow testimony regarding polygraph/lie detector tests and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be cross-examined, the decision-maker(s) will afford lower weight to such processes relative to the testimony of fact witnesses.
  15. Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the decision-maker(s) may draw an adverse inference as to that party or witness’ credibility.
  16. Within fourteen (14) days of the conclusion of the live hearing (unless extenuating circumstances exist) the decision-maker(s) will issue a written determination regarding responsibility (“written determination”), which at a minimum shall include:
    • Identification of the allegations potentially constituting Sexual Misconduct;
    • A description of the procedural steps taken from the receipt of the formal complaint through the written determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and live hearings held;
    • Findings of fact supporting the determination;
    • Conclusions regarding the application of this Procedures Manual Section 800.10 to the facts;
    • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and
    • The College’s procedures and permissible bases for the complainant and respondent to appeal.
  17. The Final Rule does not preclude the College from having multiple decision-makers in the context of any given formal complaint, some of whom decide the question of responsibility, and some of whom reach a decision as to approve disciplinary sanctions.
  18. The College must provide the written determination to the parties simultaneously.
  19. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

N. Appeals

Complainants and respondents may appeal a determination regarding responsibility, or a dismissal of a formal complaint or any allegations therein, in substantial conformity with the following:

  1. Any appeal must be submitted in writing to the Title IX Coordinator within seven (7) days of the date of issuance (not including the date of issuance) of the written determination or notice of dismissal pursuant to Section H.3., as appropriate, and must be based upon one or more of the following:
    1. Procedural irregularity that affected the outcome of the matter;
    2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
    3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
  2. As to all appeals, the College must:
      1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
      2. Ensure that the decision-maker for the appeal is not the same person as the decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;
      3. Ensure that the decision-maker for the appeal complies with the standards set forth in Section C.6. and C.7.;
      4. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
      5. Issue a written decision describing the result of the appeal and the rationale for the result; and
      6. Provide the written decision simultaneously to both parties.

O. Disciplinary Sanctions

  1. Students who are determined to be responsible for Sexual Misconduct may be subject to the following range of disciplinary sanctions:
    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. Only the President or his designee 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. Only the President or his designee 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:
      i. The sanction is for the remainder of the student’s attendance at the College.
      ii. 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. 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.
    7. Community Service. A student may be required to complete work assignments or other service to the College community.
    8. Withholding of diplomas, transcripts, or other records.
    9. Transcript notations.
    10. Written warning or reprimand.
    11. Other disciplinary or punitive action as deemed appropriate.
  1. Staff and Faculty members who are determined to be responsible for Sexual Misconduct may be subject to 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. Generally, for Staff and Faculty members, a recommendation of termination or other disciplinary action may implicate other applicable laws, procedures, and legal processes which may involve additional steps depending on the circumstances.

P. Retaliation

  1. No one may intimidate, threaten, coerce, discriminate, or otherwise retaliate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Procedures Manual Section 800.10.
  2. The exercise of rights protected under the First Amendment does not constitute retaliation.
  3. Intimidation, threats, coercion, or discrimination, including charges against an individual for student or housing code of conduct violations that do not involve sex discrimination or Sexual Misconduct, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of Sexual Misconduct, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. However, charging an individual with a student or housing code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Q. Recordkeeping

  1. The College will maintain for a period of at least seven (7) years:
    1. Each Sexual Misconduct investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under Section M.3., any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the College’s education program or activity;
    2. Any appeal and the result therefrom;
    3. Any informal resolution and the result therefrom; and
    4. All materials used to train Title IX Coordinators, investigators, decision-makers, and informal resolution facilitators.
  2. For each response required under Section E, the College must create and maintain for a period of seven (7) years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of Sexual Misconduct. In each instance, the College must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity.