Title IX and Civil Rights Compliance

What is Title IX?

Title IX is a Federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“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 education program or activity receiving Federal financial assistance.”

Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified, or participated in any complaint action under Title IX. To learn more visit the Department of Education’s Title IX website.

If you are in a current emergency dial 911 or Campus Police at (941) 487-4210

If you want to file a complaint with the College you can do so by contacting the individuals/offices listed below. You may share as much information as you feel comfortable providing; you may file a complaint anonymously or may request that your name or other identifiable information not be disclosed to the alleged perpetrator. However, providing more information will assist the College with conducting an investigation and asking the College to not disclose your name will limit the ability of the College to respond. Additionally, if you decide to file a complaint but ask the College not to take action, the College may still be required to take steps to protect the overall campus environment. In such an event, however, the College will do its best to protect your identity.

Recent Changes to Title IX

The new regulations from the Department of Education went into effect on August 14, 2020, and require significant changes to the Title IX process. The new regulations require changes for reporting and responding to sexual harassment in the college’s education programs and activities that occur against a person in the United States. Some of those changes include narrowing the definition of what constitutes sexual harassment under Title IX and requiring a live hearing as part of the formal report process. Some conduct of a sexual nature that previously fell within the scope of Title IX may no longer do so, but it will still be prohibited and addressed by our Sexual Discrimination and Harassment Policy.

Who Can I Talk To?

You can speak to anyone that you feel comfortable talking to. However, it is important to know that NCF employees, including faculty, resident assistants, student employees, and trustees are all considered mandatory reporters and must report information about sexual misconduct to the Title IX Coordinator. There are exceptions if you want to speak to someone in a confidential setting. Our Victim Advocate and the members of the Counseling & Wellness Center can maintain confidentiality when you speak to them regarding Title IX concerns.

What Happens When I Report Misconduct?

If you meet with the Victim Advocate or with counselors in the Counseling and Wellness Center then they may maintain confidentiality and will not engage in the complaint process unless you ask them to.

If you want the College to take action and you file a complaint/report with the Dean of Student Affairs, Campus Police, General Counsel, or Title IX Coordinator, the following will occur:

Remedial Actions

At any point, including before an investigation begins, the Title IX Coordinator or a designee may take remedial action as required. Remedial actions are designed to prevent serious and immediate harm to the complainant or others, prevent retaliation against anyone, end discriminatory or harassing behavior and prevent its occurrence. This may include but is not limited to altering the complainant or respondent’s work or academic environment, providing counseling and medical services, issuing no-contact orders, transferring students or faculty to different courses, moving students to different rooms in the residence hall or to a different hall, and other actions.

Investigation

When the College receives a complaint it will begin an investigation into what happened. This includes collecting and reviewing evidence and interviewing witnesses/parties to clarify allegations, discuss the desired outcomes of the investigation, and obtain detailed information about the allegations. Both parties will have an opportunity to respond to the allegations during their individual interview with the investigator, both can provide names of witnesses and other additional materials, and both have the right to have an attorney or non-attorney advisor present, at their own expense, during the interview or other proceedings. However, the advisor or attorney may not participate directly.

After completing the investigation, the investigator will present a report of findings. This will summarize the general testimony of the witnesses and other evidence, determine whether the allegations of the complaint are supported by the preponderance of credible evidence, determine if other College policies have been violated, and, if appropriate, recommend disciplinary and/or remedial actions. Both parties will be provided a copy of the report.

If neither party wishes to appeal then the report will be the final College decision. If either party wishes to dispute the report the appealing party has 10 days to do so.

Appeal

Either party may appeal the report of findings and/or disciplinary actions. The appeal must identify the specific findings that the appellant disputes and explain the reason why each finding is disputed. Additionally, the appeal must be based on evidence that:

• The investigation was not conducted in compliance with the procedures and the non-compliance materially affected the outcome of the investigation.
• The findings were not based on the preponderance of credible evidence.
• The appellant has discovered new evidence, not previously available, which would have materially affected the outcome of the investigation.

To begin an appeal, please provide written notice of your intent to appeal to the Title IX Coordinator within 10 days of the outcome of the case.

Report Title IX Misconduct

New College strongly encourages all good-faith reports and will respond to all reports based on the nature and quality of the information that is shared. You may wish to identify yourself or you may elect to remain anonymous.

Make Your Report