Things to Consider
The University encourages victims of sexual violence to talk to somebody about what happened – so victims can get the support they need, and so the University can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality. Privacy and confidentiality have distinct meanings under this policy.
Professional and Pastoral Counselors are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX coordinator without a victim’s permission.
Non-professional Counselors and Advocates may talk to a victim in confidence, and generally only report to the University that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a University investigation into an incident against the victim’s wishes.
A victim can seek assistance and support from these individuals without triggering a University investigation that could reveal the victim’s identity or that the victim has disclosed the incident.
While maintaining a victim’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the victim – helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the victim to ensure that no personally identifying details are shared with the Title IX Coordinator.
Responsible Employees are required to report all the details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX coordinator. A report to these employees (called “responsible employees”) constitutes a report to the University – and generally obligates the University to investigate the incident and take appropriate steps to address the situation.
When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
A responsible employee must report to the Title IX coordinator all relevant details about the alleged sexual violence shared by the victim and that the University will need to determine what happened – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.
Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources.
To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the University’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement.
Info taken from https://www.notalone.gov/
Anonymous reports of misconduct or sexual harassment may be made by any individual. A report may be made by an individual without disclosing his or her name, identifying the party(s) involved or requesting that any action be taken. The University’s ability to respond to an anonymous report will be limited without information available concerning the incident or individuals involved.
All reports will go to the Title IX Coordinator.
Review, Investigation and Resolution
Florida Institute of Technology will address all Title IX misconduct reports. A FIT Title IX team member will assess a report and address any concerns for the potential of any risk of harm to an individual or the campus community. Necessary precautions will be taken to ensure the safety of the individual or the campus community. It is the responsibility of Florida Institute of Technology to review, investigate, and resolve reported Title IX allegations.
Who can file a complaint?
Anyone who believes an educational institution that received federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.
A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.
Institution Grievance Procedures
Prior to filing a complaint with OCR against an institution, you may want to find out about the institution’s grievance process and use it for your complaint.