TITLE IX INFORMATION
Eliminating Discrimination Based on Sex: Responses to Allegations of Sexual Misconduct
“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 educational program or activity receiving Federal financial assistance.”
Title IX of the
Education Amendments of 1972 to the 1964 Civil Rights Act
Florida Agricultural and Mechanical University (FAMU) promotes access to its educational programs and activities consistent with federal statutes; state regulations; and University regulations, policies and procedures. The University takes prompt action to investigate complaints of sex discrimination pursuant to federal, state and local statutes.
Title IX of the Education Amendments of 1972 and its implementing regulations, prohibits discrimination on the basis of sex in educational programs or activities operated by recipients of Federal financial assistance. Title IX protects students from sexual harassment, which is one type of sex discrimination, prohibited by Title IX. The United States Department of Education, Office of Civil Rights, issued a “Dear Colleague” dated April 4, 2011. As of August 14, 2020, the Department of Education implemented a new regulation which affords additional due process rights for both parties.
University Assistance Provided to FAMU Students
To faculty members, athletic coaches, administrators and staff who receive notice that a students and employees have been the victim of sexual misconduct, including sexual harassment; the University’s practice is to offer the victim six resources:
1) Affirmation. The victim who discloses is sharing a confidence, perhaps for the first and only time. FAMU strongly encourages the following responses, “I am glad you shared this with me”; “I will do everything I can to assist you”; or “What would you like me to do next?” The University advises recipients of disclosure to avoid responses such as, “You should try to get over this” or “It is best to get on with your life.” The University prohibits employees who receive disclosures of sexual misconduct from withholding the information.
2) Safety. The goal is to ensure that the victim has an opportunity to avoid contact with the alleged perpetrator. The University may need to prohibit contact between the victim and the alleged perpetrator, if necessary. The victim may need overnight shelter to avoid a residence hall or apartment where the alleged perpetrator also lives. The University may need to coordinate efforts with University Housing to separate the alleged perpetrator from the victim.
3) Health Services. A victim may need care for physical or mental injuries; testing for sexually transmitted diseases; or reproductive-related care, just as examples. If the student agrees, FAMU Student Health Services (Clinic) can provide such care at (850) 599-3777. For employees, the University suggests that the victim seek medical treatment with their local physician or at a medical facility as soon as possible.
4) Counseling and Victim Advocate Program. The victim may need counseling or psychological services, whether the sexual violence was recent or long ago. If the student agrees, FAMU Counseling Services can provide individual and group counseling. It is available to students at no charge. The contact number is (850) 599-3145. Employees may consult with Human Resources at (850) 599-3611, regarding counseling services available through the Employee Assistance Program (EAP). The Victim Advocate Program serves as a confidential resource and support resource for anyone in the University community who has been a victim of a crime. For more information about Victim Advocate Program, please call (850) 412-5667.
5) Academic Adjustments. The goal is to ensure that the student has an opportunity to avoid contact with the alleged perpetrator. The student who experiences trauma or who must relocate for some period may need to miss one or more classes without the results being punitive. The student may request administration of an exam at a location unknown to an alleged perpetrator who attends the same class; completion of the class via online assignments; or a grade of Incomplete with a schedule for making up coursework.
6) Criminal or administrative options. Victims of sexual harassment may choose one or more:
· File a police report with FAMU Police Department at (850) 599-3256
· File a police report with the Tallahassee Police Department (or the local police department), if the sexual harassment occurred off-campus at 911
· File a complaint with the FAMU Office of Student Conduct and Conflict Resolution at (850) 599-3541
· File a discrimination complaint with the Office of Equal Opportunity Programs (850) 599-3076
Florida A&M University will include the following in its training programs, but are not limited to:
* Title IX Recorded Training Sessions
* training all university law enforcement personnel on the University’s Title IX responsibilities and handling of sexual harassment or sexual misconduct complaints;
* training all employees who interact with students regularly on recognizing and appropriately addressing allegations of sexual misconduct under Title IX;
* training the Title IX Coordinator and any other employees who are involved in processing, investigating, or resolving complaints of sexual misconduct;
* informing victims of their options to notify proper law enforcement authorities, and the option to be assisted by University employees in notifying those authorities;
* designating an individual from the University’s counseling center to be “on call” to assist victims of sexual misconduct whenever needed;
* offering counseling, health, mental health, or other holistic and comprehensive victim services to all victims affected by sexual misconduct, and notifying students of campus and community counseling, health, mental health, and other student services;
For more information regarding consent for sexual activity, please watch the video below:
Applicable Regulations and Policiesa) Title IX Sex Discrimination and Sexual Misconduct Prohibition, and Formal Hearing Process Regulation 1.022: http://www.famu.edu/regulations/1.022%20Title%20IX%20100320%20FINAL.pdf
For additional questions and resources for filing a report or complaint, please contact:
Office of Equal Opportunity Programs
674 Gamble Street
Florida Agricultural and Mechanical University
Tallahassee, FL 32307
(850)599-3076 or firstname.lastname@example.org