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Equity and Compliance

Equity and Compliance

Responsible Employee Compliance Guide

 
 

 

Responsible Employee Compliance Guide

 

Understanding Title IX

 

What is Title IX?

Title IX is part of the Education Amendments of 1972 and is enforced by the U.S. Department of Education. This federal law prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance.

Title IX applies to all participants of such programs, including students, parents and faculty/staff members.

A variety of activities are covered under Title IX, including athletic programs, recruitment, admissions, financial aid, and participation in extracurricular programs and activities. For example, Title IX addresses discrimination situations such as unequal treatment of pregnant and parenting students or unequal pay based on gender.  Title IX also covers gender based harassment.

 

Why is Title IX important?

Title IX helps to foster safe and respectful University environments to better protect students, faculty and staff from incidents of sex-based discrimination and sexual harassment, including sexual violence, relationship violence and abuse.

 

Why is Title IX relevant to you?

If you are a Responsible Employee, you must carry out your responsibilities to report any information related to sexual harassment, including sexual violence and child sexual abuse which involves a student at FGCU.  Sexual violence is often the focus of many requirements and responsibilities that fall under Title IX because it is a very serious form of sexual harassment.

By fulfilling these responsibilities, you assist the University in complying with the legal requirements of Title IX, and more importantly, help FGCU maintain its commitment to fostering a secure, equitable and inclusive community. 

 

Know Your Responsibilities Under Title IX

 

Who has responsibilities under Title IX?

While the University encourages all campus community members to report incidents of harassment or discrimination, the majority of University employees have been identified as "Responsible Employees" for Title IX purposes. These employees include:      

  • University President, Vice presidents, Provost, Deans, Chairs, Department heads, Directors and Coaches
  • Employees in supervisory or management roles
  • Faculty members
  • Student Affairs professionals
  • Housing and Residence Life Staff
  • Advisors

 

What are your primary responsibilities as a Responsible Employee?

The main responsibility of a Responsible Employee is to report any information related to a student who may have been the victim of sexual violence.  You should report this to the University’s Office of Institutional Equity and Compliance (OIEC) as soon as possible.  The OIEC houses the University’s Title IX Coordinator. You are required to report incidents you personally observe as well as incidents reported to you or that you receive information about.

 

How Do I Report?

You can make a report in the following ways:

 

Helpful Tips 

If in doubt as to whether an incident needs to be reported, report it. There is no harm in over-reporting!

Do not promise confidentiality.

Do not attempt resolution on your own.

Explore available resources and important information and trainings available in our website: www.fgcu.edu/equity

 

Important Definitions for Responsible Employees     

Consent: Consent is the mutual assent by words or actions to engage in a particular sexual activity that must be made voluntarily and competently by all parties. 

  1. In order for consent to be given voluntarily, it must be free from threat, force, intimidation, extortion, and undue influence.
  2. In order for consent to be given competently, all parties must have the capacity to consent. If one of the parties is incapacitated due to, among other things, drug or alcohol use, then that person(s) lacks the necessary capacity, and thus the competency required to consent.

Sexual Assault: When a person(s) engages or attempts to engage in a particular sexual act with another person(s) against their will or when the person(s) is incapable of giving consent.

Sexual Harassment: Unwelcome conduct of a sexual nature including unwelcome sexual attention, which includes requests for sexual favors, and other verbal or physical conduct of a sexual nature from any person that is so severe, pervasive, or persistent that it limits a student’s ability to participate in or benefit from an educational program, undermines the responsibilities of the employee, and/or creates a hostile working or learning environment. Sexual violence is a form of sexual harassment.

Sexual Misconduct: An actual or attempted act of rape, sexual assault, sexual battery, sexual exploitation and other forms of non-consensual sexual activity.