Title IX (The Education Amendments)
Your rights as a member of the College community:
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
It is the College's policy not to discriminate on the basis of sex in its educational programs and activities.
To file complaints of sex discrimination, including complaints of sexual harassment or sexual violence:
Once a complaint has been filed:
- The College will respond promptly, effectively and equitably to investigate complaints of sexual violence and will take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.
- Even if you or your parents do not want to file a complaint or if you do not request that the College take any action on your behalf, in accordance with Title IX, if the College knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.
- Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.
- Every complainant has the right to be notified of the time frame within which: (a) the College will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.
- Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).
- Every complainant has the right to be notified, in writing, of the outcome of the complaint. Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings:
- Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.
- Both parties shall be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense.
- The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.
Requests for additional information regarding Title IX complaints may be referred to the College's Title IX compliance coordinator.
For more information on Title IX contact:
Office of Equal Opportunity Programs
ADA/Title IX Coordinator
Kendall Campus, Room 1101-2
Victims of crimes have rights, and victims of sexual violence are no different. Below is a summary of some of the rights that are afforded to victims who report a sexual assault to a law enforcement agency in Florida. You have the right to:
- Receive help obtaining medical treatment, advocacy, and crisis-intervention services from a certified rape crisis center
- Provide or arrange for transportation to the appropriate facility*
- Obtain a forensic exam whether or not you report the incident to law enforcement,
- Have an advocate from a certified rape crisis center accompany you during the forensic examination and a discovery deposition
- Have the forensic exam sent for testing within 30 days*
- Receive information about where you may receive services
- Provide a written statement regarding the incident
- Review law enforcement report prior to final submission and provide a statement regarding the accuracy of the final report.
- Have information about the criminal investigation of the crime that might identify you kept confidential and exempt from public records.
- Be informed, present and heard at all crucial stages of a criminal or juvenile proceeding and be told of judicial proceedings and scheduling changes.
- Have the offender, if charged with the crime, tested for HIV and hepatitis and to receive the results of that testing.
- Attend the sentencing or disposition of the offender and request that the offender be required to attend a different school if the offender goes to your school or your sibling's school.
- Tell the prosecutor what you want to happen in the case.
- Be advised of information about release of the offender from incarceration from a county or municipal jail, juvenile detention facility, or residential commitment facility.
- Request restitution.
- Not be asked or required to take a polygraph examination as a condition of going ahead with the investigation of the offense.
- Take up to three (3) days of leave to deal with issues that arise from the crime if you have worked for the College for at least three months, provide enough documentation of the crime, and you have used other available leave
- Apply for an injunction if you fear for your safety or the offender is nearing release.
*These rights coincide with reporting to law enforcement
What if I was assaulted a long time ago?
Even if you were sexually assaulted a long time ago, or as a child, there are resources and help available. Under some circumstances, prosecuting a sexual assault might not be an option due to statute of limitation restrictions, however, the information provided could lead investigators to other recent victims and could prevent others from becoming a victim at the hands of the perpetrator. We encourage survivors to contact the Miami-Dade Police Department to make a report or to fill out the Silent Witness form regardless of the date(s) of the sexual assault.
You should know that you are not alone! Did you know research shows that only 7 to 10 percent of sexual assault victims report the assaults to law enforcement? Many never tell ANYONE. It is never too late to talk and share your story with others who understand. There are support groups and other resources available through which your identity can remain anonymous.