Policy

Introduction

 

Rollins College is committed to creating and maintaining a community in which students, faculty and staff can work together in an atmosphere free of all forms of harassment, exploitation or intimidation, including sexual. Every member of the College community should be aware that Rollins is strongly opposed to sexual misconduct and that such behavior is prohibited both by law and College policy and will not be tolerated. The College is committed to fostering a community that promotes prompt reporting of all types of sexual misconduct and harassment and ensures timely and fair resolution of sexual misconduct and harassment complaints. It is the intention of the College to take appropriate action to end the misconduct, prevent its reoccurrence and address its effect.

 

As a recipient of Federal funds, the College is required to comply with Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities. Sexual misconduct and harassment, as defined in this policy, is a form of sex discrimination prohibited by Title IX. Rollins is committed to providing programs, activities and an educational environment free from sex discrimination.

 

Purpose of Policy

This policy is intended to educate the Rollins community on sexual misconduct and harassment and guide students, faculty and staff who have been affected by sexual misconduct and harassment, whether as a complainant, respondent or third party.

When used in this policy, a complainant refers to the person who reports to the College that he/she has been the subject of sexual misconduct or harassment.  A respondent refers to the person(s) who is reported to have committed acts of sexual misconduct or harassment.  A third party refers to any other participant in the process, including a witness to the misconduct or an individual who makes a report on behalf of someone else.

The purpose of this policy is to:

  • Define sexual harassment and the forms of sexual misconduct that violate our community standards;
  • Identify resources and support for all members of the Rollins community;
  • Identify the Title IX coordinator and the scope of his/her role;
  • Provide information as to where a member of the Rollins community can obtain support or access resources confidentially;
  • Provide information on how a member of the Rollins community can make a report on campus or off campus;
  • Provide information on how a report against a member of the Rollins community will be investigated, evaluated and adjudicated.

 

Scope of Policy

This policy applies to all members of the Rollins community, including faculty, staff and students.  All faculty, staff and students are responsible for their actions and behavior, whether the conduct in question occurs on campus or in a different location.  As such, this policy applies to both on campus conduct and relevant off campus conduct that affects the Rollins community.

Vendors, independent contractors, visitors, and others who conduct business with Rollins or on College property are also expected to comply with this policy.  The College will take timely action in all allegations of sexual misconduct and harassment to ensure the safety of the Rollins community and to provide an environment free from gender and sex discrimination.  

 

Notice of Non-Discrimination

It is the policy of Rollins not to discriminate on the basis of sex, disability, race, age, religion, color, national or ethnic origin, ancestry, marital status, veteran status, sexual orientation, gender identity, gender expression, genetic information, physical characteristics, or any other category protected by federal, state, or local law, in its educational programs, admissions policies, financial aid, employment, or other school-administered programs. The policy is enforced by Rollins and, where applicable, federal laws such as Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. The College is an equal opportunity educational institution.

 

Rollins does not discriminate on the basis of sex in its educational program and activities or in the context of employment.  Sexual harassment, including sexual misconduct as defined in this policy, is a form of sex discrimination prohibited by Tile IX of the Education Amendments of 1972.  Title IX requires 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.

Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964 and other applicable statutes.

 

Statement of Privacy and Confidentiality

Rollins is committed to protecting the privacy of all individuals involved in a report of sexual misconduct or harassment.  The College will balance individual privacy with its obligation to conduct a thorough review of allegations to protect the parties and broader community and maintain an environment free from harassment.

Faculty, staff and students wishing to obtain confidential assistance without making a report to the College may do so by speaking with a confidential resource listed below.  A confidential resource for students is the Wellness Center (including Counseling and Psychological Services, Victim Advocacy and Health Services). The phone number for the Wellness Center is (407) 628-6340. A confidential resource for faculty and staff is the Employee Assistance Program (EAP).  The phone number for the Employee Assistance Program is (877) 398-5816. Please note that limitations of confidentiality may exist for individuals under the age of 18.

The College will safeguard the privacy of individuals who choose to report to any other employee of the College.  Except for the confidential resources identified in this policy, all other College staff and faculty who receive a report of sexual misconduct or harassment are required to elevate the report to the Title IX Coordinator or Deputy Title IX Coordinator for investigation and response.  The Title IX Coordinator and Deputy Title IX Coordinator will ensure that the College responds to all reports in a timely, effective and consistent manner. 

Reports will be addressed according to the status of the respondent as follows:

  • If the respondent is a student, the Office of Community Standards and Responsibility will utilize the student hearing process,
  • If the respondent is a faculty or staff member, Human Resources Department will utilize the Discrimination Grievance Procedure.

The privacy of all parties involved will be respected.  Information related to a report of sexual misconduct or harassment will be shared only with those College employees who “need to know” to assist in the investigation and/or resolution of the complaint.  All College employees who are involved in the review, investigation or resolution of a report, including administrative hearing panel members, have specific training regarding the safeguarding of private information.

Where the College has received a report of sexual misconduct or harassment but the complainant requests that he or she remain unidentified and/or requests that the College not pursue an investigation, the College must balance this request with its responsibility to provide a safe and non-discriminatory environment for all members of the Rollins community.  The College is required to take all reasonable steps to investigate and respond to a complaint, but its ability to do so may be limited by the complainant’s request.  However, under compelling circumstances including:  evidence of a pattern of repetitive behavior, the use of force or threat of force, or the use of a weapon by the respondent, the College may conduct further investigation, or take other appropriate measures without the complainant’s consent.  A complainant will be informed whenever possible of any action the College takes to resolve the complaint, including further investigation and corrective or disciplinary steps.

If a report of misconduct poses an immediate threat to the Rollins community, when timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of privacy. Immediate threatening circumstances include, but are not limited to:  reported incidents of misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the Rollins community. Under Florida law, the College is mandated to report any abuse of a minor (under the age of 18) to the Florida Abuse Hotline (1-800-962-2873). A complainant will be informed whenever possible of any action the College takes to resolve the complaint, including further investigation and corrective or disciplinary steps.

All resolution proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and College policy.  No information shall be released from these proceedings except as required or permitted by law and College policy.

 

Prohibited Conduct and Definitions

This policy addresses a broad spectrum of behavior, all of which falls under the broad definition of sexual harassment.

Sexual Harassment: Unwanted and unsolicited sexual advances, requests for sexual favors, and other deliberate or repeated communication of a sexual nature, whether spoken, written, physical or pictorial, shall constitute sexual harassment when:

  • Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment, academic status or participation in College-sponsored activities;
  • Rejection of such conduct is used as the basis, implicitly or explicitly, for imposing adverse terms and conditions of employment, academic status or participation in College-sponsored events; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working or learning environment

A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe.  The more severe the conduct, the less need there is to show a pattern of incidents for a hostile environment, particularly if the harassment is physical.

Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Examples include, but are not limited, to:

  • Making demeaning sexist statements, humor or jokes about sex or gender-specific traits, crude sexual remarks, offensive stories, remarks of a sexual nature about a person’s clothing or body, remarks about sexual activity or experiences, sexual innuendo or other suggestive comments, offensive notes, sexual propositions, or insults and threats that an individual communicates are unwanted and unwelcome.
  • Displaying or circulating of written materials or pictures degrading to an individual(s) or gender group.
  • Engaging in inappropriate or unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing or brushing against an individual’s body.
  • Giving undue and unwelcome attention, such as repeated inappropriate flirting, compliments about clothing or physical attributes, staring or making sexually oriented gestures.
  • Making a student’s work or an employee’s job more difficult because of that person’s sex, gender identity, or sexual orientation.
  • Using a position of power and authority to: 1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, refusing to submit to sexual activity, or for reporting harassment; 2) promise rewards in return for sexual favors.
  • Engaging in demeaning verbal and other expressive behavior of a sexual or gendered nature in instructional settings.

 

Sexual Assault:  Having or attempting to have sexual intercourse or sexual contact with another individual without consent.  This includes sexual intercourse or sexual contact achieved by the use or threat of force or coercion, where an individual does not consent to the sexual act, or where an individual is incapacitated.  Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another. Sexual assault includes the following acts:

  • Related to Non-consensual Sexual Intercourse:  Having or attempting to have sexual intercourse with another individual without consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact. 
  • Related to Non-consensual Sexual Contact:  Having or attempting to have sexual contact with another individual without consent.  Sexual contact includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner.

 

Sexual-based Communication: Speaking to, or directing any kind of communication, words or images of a sexual nature at another person that is not welcomed by the receiving party.  If the communication is unwelcome; that is, if it occurs without the other person’s consent or participation, it may create a hostile learning and living environment.  Sexual-based communication can include interactions in person, by phone, electronic messages and photos, written words or images such as graffiti and social media postings.

 

Sexual Exploitation: When an individual takes non-consensual or abusive sexual advantage of another, for his/her own benefit; or to benefit anyone other than the one being exploited; and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Prostituting another person (i.e. personally gaining money, privilege, or power from the sexual activities of another person)
  • Non-consensual video, photography, audiotaping, or any other form of recording, of sexual activity;
  • Allowing others to observe a personal act of consensual sex without knowledge or consent of the partner;
  • Engaging in voyeurism (being a “peeping tom”)
  • Knowingly or recklessly transmitting an STD or HIV to another person;

 

Stalking: A course of conduct involving more than one instance of  unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of physical, emotional or psychological harm or injury. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, GPS or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.

 

Intimate Partner Violence: A situation in which one partner is physically, emotionally or sexually abused by the other partner.  Intimate partner violence can occur between individuals who are dating, married, hooking up, or who reside together.  Intimate partner violence can occur between individuals of the same or opposite sex. This is often commonly referred to as domestic or dating violence.

 

Retaliation: Acts or attempts to retaliate or seek retribution against the complainant, respondent, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct.  Retaliation can be committed by any individual or group of individuals, not just a respondent or complainant.  Retaliation may include continued abuse or violence, other forms of harassment, and slander and libel.

 

Definitions of Consent, Coercion and Incapacitation

 

Consent: Consent to engage in sexual activity must be informed, knowing and voluntary.  Consent exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to freely participate in mutual sexual activity.

The following further clarifies the definition of consent:

  • Each participant in a sexual encounter is expected to obtain and give consent to each act of sexual activity. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
  • If at any time it is reasonably apparent that either party is hesitant, confused or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.
  • Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
  • Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings.  Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.  
  • Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity.  Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
  • An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware or otherwise physically helpless is considered unable to give consent. For example, one who is asleep or passed out cannot give consent.

Coercion: Consent cannot be given if it results from the use or threat of physical force, intimidation, or any other factor that would eliminate an individual’s ability to exercise his/her own free will to choose whether or not to have sexual contact.  Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm, severe and/or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity.  Coercion also includes administering a drug, intoxicant or similar substance that impairs the person’s ability to give consent.

Incapacitation: An individual who is incapacitated is not able to make rational, reasonable judgments and therefore is incapable of giving consent.  Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring.  In addition, an individual is incapacitated if he/she demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason. 

An individual in a blackout state may or may not meet the definition of incapacitation.  Such an individual may appear to act normally but may not have later recall of the events in question.  The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity and the other person is unaware – or reasonably could not have known – of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.

 

Title IX Coordinator’s Role

The College has a designated Title IX Coordinator and Deputy Title IX Coordinator to oversee its response to all reports of sexual misconduct and harassment and coordinate compliance with the mandates of Title IX.  The Title IX Coordinator and Deputy Title IX Coordinator are knowledgeable and trained in the College’s policies and procedures, state and federal laws that apply to sexual misconduct and harassment, and the dynamics of sexual misconduct and harassment.  The Title IX Coordinator and Deputy Title IX Coordinator are available to meet with any individual to discuss the options for resolving a report under this policy.

 

Rollins College Title IX Coordinator:

Maria Martinez

Assistant Vice President for Human Resources and Risk Management

1000 Holt Avenue – 2718

Winter Park, FL  32789

Office location: Carnegie Hall, second floor

(407) 646-2577

mmartinez@rollins.edu

 

Rollins College Deputy Title IX Coordinator:

Dr. Karen Hater

Dean of Students

1000 Holt Avenue – 2776

Winter Park, FL 32789

Office location: Warren Administration Building, 206

(407) 646-2345

klhater@rollins.edu

 

To file a complaint about gender equity in Rollins athletics programs, contact the Assistant Athletics Director/Senior Woman Administrator, Dr. Margie Sullivan, who is responsible for Title IX Compliance in matters related to gender equity in Rollins athletics programs.

Dr. Margie Sullivan
Assistant Athletic Director/Senior Woman Administrator
1000 Holt Avenue - 2730
Winter Park, Florida 32789
Office Location: Alfond Sports Center
407-646-2513
msullivan@rollins.edu

Title IX Coordinator:

Maria Martinez
Assistant Vice President for HR
Box 2718
Carnegie Hall
Rollins College
Winter Park, Florida 32789
Email: mmartinez@rollins.edu
Phone: 407-646-2577

Deputy Title IX Coordinator:

Dr. Karen Hater
Dean of Students
Box 2776
Warren Administration
Rollins College
Winter Park, Florida 32789
Email: klhater@rollins.edu
Phone: 407-646-2345