Procedures for Filing a Sexual Harassment Complaint
Any member of the University community who believes that he or she has been a victim of sexual harassment (the complainant) by a student, a University employee or a third party may bring the matter to the attention of the Title IX Coordinator or Deputy Coordinators (collectively, the “Title IX Coordinators”). The complainant may also report these matters to either of the following employees: Campus Dean, Associate Dean, Assistant Dean, Vice President of Academic Affairs, Student Services Director, Student Services Officer, Student Services Assistant, Athletic Director or Assistant Athletic Director. It is the responsibility of that individual to file the report with one of the Title IX Coordinators.
The complainant should present the complaint as promptly as possible after the alleged harassment occurs using the Title IX Grievance Form which is available online at https://www.fnu.edu/Publications/Title-IX-Grievance-Form.pdf or from the Office of Student Services or the Title IX Coordinators. Grievance Forms should be submitted directly to one of the Title IX Coordinators or the Director of Student Services. Complainants are encouraged to file complaints promptly because the passage of time typically makes it more difficult to conduct an investigation. Further, it is easier to commence legal proceedings (both civil and criminal) against the accused if the reports are made promptly.
If the complainant decides to proceed with a formal complaint, the complainant should submit a written statement to one of the Title IX Coordinators.
FNU’s Title IX Coordinator will investigate all student complaints of sexual harassment. The Title IX Coordinator will inform the alleged offender (respondent) of the allegation, the identity of the complainant, the alleged violation of the University’s policies, and the date and location of the alleged incident(s). A written statement of the complaint will be given to both parties. Exceptions can be made when confidentiality is requested by the complainant, as described below.
Cases involving sexual harassment are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information relating to the case will be limited in order that the privacy of all individuals involved is safeguarded as fully as possible.
Retaliation against the complainant is prohibited. Every effort will be made to protect the complainant from retaliatory action.
Resolution of the Complaint
The University will promptly take steps to ensure that the complainant and the respondent have equal access to the University’s educational programs and activities and to protect the complainant and the respondent as necessary, including taking interim measures before the outcome of an investigation. Interim measures are determined on a case-by-case basis and may include counseling, schedule accommodations, academic accommodations, no-contact directives, stay-away letters/campus bans, escorts, limitations on extracurricular or athletic activities, and leaves of absence. When implementing interim measures, the University will make every effort to avoid depriving any student of his or her education.
Reports of alleged Title IX incidents will be investigated in a thorough, impartial, and prompt fashion. The Title IX Coordinator will oversee the collecting of facts related to any reported Title IX incident and will assess whether a further review or investigation is necessary. The Title IX Coordinator will notify and interview complainants, respondents, and witnesses. At the conclusion of the investigation, the Title IX Coordinator will prepare a written report summarizing the relevant exculpatory and inculpatory evidence.
Directly following the conclusion of the investigation, the Title IX Coordinator will determine whether reasonable cause exists to believe that a policy violation occurred. If such reasonable cause exists and the respondent is a student, the Title IX Coordinator will notify University administrators and determine whether to pursue an informal or formal resolution, as described below. Where the respondent is a faculty or staff member, the Title IX Coordinator will refer the results of the investigation to the Human Resources Department and the University administrators for appropriate action. The Title IX Coordinator will be kept informed of the outcome of the investigation regarding a faculty or staff member and will notify the complainant, as appropriate, of the outcome, including any accommodations the University will provide to the complainant.
If reasonable cause exists to believe that a policy violation occurred, the Title IX Coordinator believes it is appropriate given the circumstances of the complaint to engage in an informal resolution process, and all parties voluntarily agree to participate in such a process, the Title IX Coordinator will initiate whatever steps he or she deems appropriate to affect an informal resolution of the complaint acceptable to both parties. The complainant or respondent may request to end the informal process at any time to begin the formal stage of the complaint process.
If unsatisfied with the informal resolution proposed by the Title IX Coordinator, the complainant or respondent should write a written request to the Title IX Coordinator with his or her opinions and suggestions, including any request to appear before the Honor Court.
If reasonable cause exists to believe that a policy violation occurred and the Title IX Coordinator believes that an informal resolution process is not appropriate based on the nature of the violation, or one or more of the parties requests access to the formal stage of the complaint process, the complaint and the results of the investigation will be forwarded to the Honor Court. Unless the Honor Court concludes that the complaint is without merit, the parties to the dispute should be invited to appear before the Honor Court, present any witnesses and evidence, and confront any adverse witnesses. The Honor Court may conduct its own informal inquiry, call witnesses, and gather whatever information it deems necessary to assist it in reaching a determination as to the merits of the allegations.
The parties will be given adequate notice of any hearing before the Honor Court and will be offered equal and meaningful access to information used during the hearing, including the Title IX Coordinator’s report. The parties will also have the opportunity to provide written responses to the Title IX Coordinator’s report.
The parties may be accompanied at the Honor Court hearing by the advisor of their choice. The advisor may not participate in the hearing, beyond providing guidance to the party being represented.
The Honor Court will make findings of fact and conclusions as to whether the facts support a finding of responsibility for violation of the school’s policies using a clear and convincing evidence standard. Thus, the Honor Court must determine whether it is more probable than not that the conduct occurred.
If the Honor Court determines that it is more probable than not that the conduct occurred, it should recommend sanctions against the respondent and any additional accommodations for the complainant. The Title IX Coordinator should forward the recommendation immediately to one of the campus deans. The campus dean shall proceed in the manner set forth by the university’s rules and procedures, except that the need for a preliminary review will be precluded.
The Honor Court can recommend the following sanctions if it finds that a student has violated this policy: Suspension, Expulsion, Loss of University Scholarship.
The Honor Court can recommend the following accommodations for the complainant: classroom adjustments or changes, academic support (tutoring, mentoring, flexible assignment due dates, allowing the student to make up coursework), allowing the student to retake a course and/or withdraw without penalty, counseling services and protective/no contact orders.
Florida National University seeks to resolve all Title IX reports within sixty (60) days but more complex investigations may require additional time, especially if the matter is brought before the Honor Court. The Title IX Coordinator will notify the complainant and the respondent in writing of the results of the investigation including a summary of the basis for the determination and the actions that will be taken.