The College encourages all students to report information about any type of sexual misconduct or harassment of another person involving a student, staff or faculty member. Faculty and staff, other than those outlined in this policy as confidential resources, are required to report information about any type of sexual misconduct or harassment. An incident does not have to occur on campus to be reported to the College. Off campus conduct that adversely affects or has the potential to adversely affect the Rollins community also falls under this policy. The College will promptly investigate and respond to all reports of sexual misconduct and harassment.
The College provides resources to both the complainant and respondent in making decisions, obtaining information about options under this policy, and assisting both parties in the event that a report of sexual harassment or misconduct is made.
Ways to file a report:
Campus Safety: The opportunity to file a report with the College is available 24 hours a day, 7 days a week by calling Campus Safety (407-646-2999). A complainant or third party can request a campus safety officer to respond and take a report.
Title IX Coordinator/Deputy Title IX Coordinator: Both the Title IX Coordinator and Deputy Title IX Coordinator are available to provide assistance in filing a report with the College.
Community Standards and Responsibility: A complainant or third party can file a report with the College by utilizing the incident report form on the Office of Community Standards and Responsibility’s website (www.rollins.edu/csr).
Anonymous Report Form: A complainant or third party can file a report with the College without disclosing his/her name and/or the name of the respondent by utilizing the anonymous report form on the Office of Community Standards and Responsibility website (https://fiatweb.rollins.edu/csr/anon.php). The College’s ability to respond, however, may be limited by the anonymous nature of the report or a request not to proceed. As described in the Privacy and Confidentiality section, the College must balance the request with its need to conduct a prompt and equitable investigation and its responsibility to protect the complainant and all members of the Rollins community. While the College will take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request, circumstances may exist when the College chooses to move forward with an investigation and/or resolution either under the student conduct process or discrimination grievance procedures, or take other appropriate measures without the complainant’s consent. These circumstances include evidence of a pattern of repetitive behavior, the use of force or threat of force, or the use of a weapon. At all times, the College will seek to respect the request of the complainant, and when it cannot do so, the College will consult with the complainant and keep him/her informed about the chosen course of action.
Local Law Enforcement: A complainant may file a report with the Winter Park Police Department or other law enforcement agency (depending on location of incident).
Coordination with Law Enforcement
Because the goals and objectives of the College’s Sexual Misconduct and Harassment Policy differ from those of the civil and criminal justice systems, proceedings under the College’s Sexual Misconduct and Harassment Policy are independent of civil and criminal processes and may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. On-campus adjudication does not preclude, limit or require a student’s or employee’s access to the state and federal justice system.
Notifying the Winter Park Police Department (WPPD) will generally result in the complainant and, in some cases the respondent, being contacted by a police officer. The police department determines if a criminal investigation will occur and if the case will be referred for prosecution. A case not referred for criminal prosecution will still receive a College response.
Under Florida state law, sexual misconduct (as described in the definitions above) may constitute a criminal act. However, the College conducts investigations and hearings and renders sanctions in an educational, non-criminal context. An act not criminally prosecuted may still violate College policy. To the extent permitted or required by law, the College will cooperate with outside investigators. However, outside law enforcement agencies do not respond to Title IX violations, and respond only to allegations of criminal behavior. As a result, the College encourages reporting to both the College and to local law enforcement, if the alleged sexual misconduct may also be a crime.
The College process and the criminal justice process are two separate and independent courses of action. If a complainant wishes to file a report with the Winter Park Police Department, a Rollins staff member is available to assist. The College will not file a police report about the incident on the complainant’s behalf unless compelling circumstances, as outlined in the statement of privacy and confidentiality section, exist. The College’s response to a report is not impacted by the complainant’s decision to file a criminal complaint or the outcome of the criminal investigation.
Our goal is that all individuals report all incidents of sexual misconduct so that those affected can receive the support and resources needed. Therefore, violations of the College’s alcohol and illegal substances policies by a complainant may be exempt from disciplinary action in situations where sexual misconduct or harassment also occurs. However, the College may initiate an educational discussion about the use of alcohol or drugs and their impact.
Statement against Retaliation
Although Rollins acknowledges that extreme emotions and stress often accompany incidents of sexual harassment and misconduct, the College does not condone any person engaging in any type of retaliation. The College views retaliation complaints with great seriousness. All individuals are strongly encouraged to report any concerns about retaliation to Campus Safety, Community Standards and Responsibility or the Title IX Coordinator. The College will respond to reports of retaliation. Retaliation is a distinct category of prohibited conduct under this policy.
Submitting of a good faith complaint, concern or report of harassment will not affect the complainant’s employment, grades, academic standing, or work assignments. However, an individual found to have made a false complaint or to have knowingly and willingly given false information during an investigation will be subject to disciplinary action.