Comprehensive Policy

Title IX: Sexual Misconduct and Harassment Policy

Introduction

Jacksonville University is committed to creating and maintaining an educational and employment environment free of sex and gender-based discrimination and harassment, in accordance with Title IX of the Higher Education Amendments of 1972.  Jacksonville University prohibits all forms of sex and gender-based discrimination and harassment, and such behavior will not be tolerated.  Sexual misconduct is a form of sex discrimination prohibited by Jacksonville University and Title IX. Jacksonville University will take timely action in response to all allegations of sexual misconduct and harassment to ensure the safety of Jacksonville University and provide an environment free from discrimination.

Jacksonville University strives to establish and maintain a work and academic environment in which the dignity and worth of all members of the University Community are respected; an environment characterized by equal employment, academic opportunity, academic freedom, (freedom of inquiry and expression) and the absence of harassment and intimidation. Sexual harassment and/or sexual misconduct of students, staff, administrators and faculty at Jacksonville University is inconsistent with these objectives and is unacceptable conduct that will not be tolerated. This policy is intended to prohibit sexual misconduct and sex and gender-based harassment, and to establish procedures providing due process, for both the reporting party and responding party. This policy applies to both on-campus conduct and relevant off-campus conduct that affects students, faculty, and staff of Jacksonville University. Vendors, independent contractors, visitors, and others who do business with Jacksonville University or on Jacksonville University property are also expected to comply with this policy.

Purpose of Policy

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

When used in this policy:

  • Reporting party refers to the person(s) who reports to the University that he/she has been the subject of sexual misconduct or harassment.
  • Responding party 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.

Notice of Non-Discrimination

Recognizing the value of using all available human resources, Jacksonville University affords equal opportunity for students and in employment without regard to race, color, age, veteran status, gender, national origin, religion, marital status, sexual orientation, gender identity or presence of a disability. This non-discrimination policy applies to all aspects of educational and employment decisions, including recruitment, admission, hiring as well as retention, compensation, transfer and opportunities for advancement.

Reporting Options

Jacksonville University encourages individuals affected by sexual misconduct to report the incident as soon as possible.  Jacksonville University is committed to protecting the privacy of all persons involved in a report of sexual misconduct or harassment.  However, Jacksonville University’s ability to maintain complete confidentiality may be affected by its responsibility to protect the safety of its campus and its obligation to keep an environment free from sex and gender-based discrimination and harassment.  Outlined below are the reporting options for individuals and the confidentiality that applies to each.

Confidential Reporting Options

Professional, licensed counselors and pastoral counselors who provide mental health counseling to members of the Jacksonville University community are not required to report any information about an incident to the Title IX Coordinator without a victim’s permission.  Students who wish to discuss a situation in complete confidence should notify only the Student Counseling Center or off-campus confidential resources, such as the Women’s Center of Jacksonville.  Faculty and staff who wish to discuss a situation in complete confidence should seek off-campus confidential resources or utilize the Employee Assistance Program (EAP). Learn more about the EAP from the Office of Human Resources.

Responsible Faculty and Staff Reporting Options

With the exception of the confidential resources identified in this policy, all other University staff and faculty who receive a report of sexual misconduct or harassment are required to elevate the report to the Title IX Coordinator or a Deputy Title IX Coordinator for investigation and response. Please be aware that all JU employees, including professional staff, faculty, coaches, and certain student staff, such as Resident Advisors, are considered responsible faculty and staff and must report cases of sexual misconduct to the Title IX Coordinator or a Deputy Title IX Coordinator. The Title IX Coordinator and/or a Deputy Title IX Coordinator will ensure that the University responds to all reports in a timely, effective and consistent manner.

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 University employees who “need to know” to assist in the investigation and/or resolution of the complaint. All University employees who are involved in the review, investigation or resolution of a report have specific training regarding the safeguarding of private information.

Where the University has received a report of sexual misconduct or harassment but the reporting party requests that he or she remain confidential and/or requests that the University not pursue an investigation, the University must balance this request with its responsibility to provide a safe and non‐ discriminatory environment for all members of the Jacksonville University community. The University 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 reporting party’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 responding party, the University may conduct further investigation, or take other appropriate measures without the reporting party’s consent. The reporting party will be informed whenever possible of any action the University takes to resolve the complaint, including further investigation and corrective or disciplinary steps.

If a report of misconduct poses an immediate threat to the University community, when timely notice must be given to protect the health or safety of the community, the University 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 University community. Under Florida law, the University is mandated to report any abuse of a minor (under the age of 18) to the Florida Abuse Hotline (1‐800‐962‐2873). The reporting party will be informed whenever possible of any action the University takes to resolve the complaint, including further investigation and corrective action.

Ways to file a report

  • Campus Security: The opportunity to file a report with the University is available 24 hours a day, 7 days a week by calling Campus Security at 904-256-7585. A reporting party or third party can request a Campus Security Officer to respond and take a report.
  • Title IX Coordinator/Deputy Title IX Coordinator: Both the Title IX Coordinator and Deputy Title IX Coordinators are available to receive a report of sexual misconduct or harassment.
  • Residential Life Staff members and Resident Advisors (RA): A report can also be filed with a Residential Life staff member or Resident Advisor (RA). Please note that RAs are required to report the to the Title IX Coordinator.
  • Local Law Enforcement: A reporting party may file a report with the Jacksonville Sheriff’s Office or other law enforcement agency (depending on location of incident).

Because the goals and objectives of the University’s Sexual Misconduct and Harassment Policy differ from those of the civil and criminal justice systems, proceedings under the University’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 investigation and response does not preclude, limit or require a student’s or employee’s access to the state and federal justice system.

Notifying the Jacksonville Sheriff’s Office (JSO) will generally result in the reporting party and, in some cases the responding party, 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 University response.

Under Florida state law, sexual misconduct (as described in the definitions section) may constitute a criminal act. However, the University conducts investigations and renders resolutions in an educational, non‐criminal context. An act not criminally prosecuted may still violate University policy. To the extent permitted or required by law, the University 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 University encourages reporting to both the JU and to local law enforcement, if the alleged sexual misconduct may also be a crime.

The University process and the criminal justice process are two separate and independent courses of action. If a reporting party wishes to file a report with JSO, a JU staff member is available to assist. The University will not file a police report about the incident on the reporting party’s behalf unless compelling circumstances exist. The University’s response to a report is not impacted by the reporting party’s decision to file a criminal complaint or the outcome of the criminal investigation.

University and Community Resources

Immediate Assistance

If you are the victim of sexual misconduct, your first priority is to get to a safe place and obtain necessary medical attention. University support services are available regardless of whether or not the victim chooses to report the incident to law enforcement/JSO. A victim of sexual misconduct is strongly encouraged to report the incident to one of the following University resources:

It is important to seek prompt medical treatment after an incident of sexual assault or violence in order to receive preventative treatment for sexually transmitted diseases and to preserve evidence.

  • The City of Jacksonville Victims Services, phone number – (904) 630-6300
  • Sexual Assault Response Center, phone number – (904) 630-6330
  • Women’s Center of Jacksonville/Rape Recovery Team, address is 5644 Colcord Ave., Jacksonville, FL 32211, phone number – (904) 722-3000 or hotline is (904) 721-7273. www.womenscenterofjax.org.
  • Green Dot Coordinator/Facilitator, (904) 722-3000 x214

Legal Options

As a victim, you have the right to ask the State Attorney to file a criminal complaint, and you have the right to go to court and file a petition requesting an injunction for protection against domestic violence, repeat violence, dating violence, or stalking.  Jacksonville University will take all steps necessary to comply with orders of protection, “no-contact” orders, restraining orders, or similar lawful orders issued by a criminal or civil court.

Counseling, Advocacy, and Support

The following counseling and support resources are available for victims of sexual misconduct, whether or not a victim chooses to make an official report or participate in the institutional disciplinary or criminal process.

  • The University's Student Counseling Center offers short-term counseling and referrals for victims of sexual assault.
  • The City of Jacksonville Victims Services, phone number – (904) 630-6300
  • Sexual Assault Response Center, phone number – (904) 630-6330
  • Sheriff’s Office Victim Services Counselor, phone number – (904) 630-1764
  • State Attorney’s Office Victim-Witness Services, phone number – (904) 630-2502
  • Women’s Center of Jacksonville/Rape Recovery Team, the address is 5644 Colcord Ave., Jacksonville, FL 32211, phone number – (904) 722-3000 or hotline is (904) 721-7273. www.womenscenterofjax.org.
  • Florida Council Against Sexual Violence, phone number – 1-888-956-7273
  • Florida Department of Law Enforcement Sexual Offender/Predator Unit – 1-888-357-7332.  Any member of the Jacksonville University community who wishes to obtain further information regarding sexual offender/predators in our area may refer to the FDLE website at FDLE's Searchable Database or by calling 1-888-FL-PREDATOR / 1-888-357-7332).
  • State Attorney’s Office – (904) 630-2400
  • Local Domestic Violence center, HUBBARD HOUSE. Contact 24 hours a day at (904) 354-3114 or 1-800-500-119. Website is hubbardhouse.org.

Academic Accommodations and Interim Measures

You have the right to request that JU provides reasonable accommodations or protective measures, regardless if you choose to report the incident to campus authorities or local law enforcement or file a formal complaint.  Reasonable accommodations and protective measures include changes to academic, living, transportation, and working situations, and no-contact orders.  Every effort will be made to reduce the burden on the person filing the report when deciding what accommodations and protective measures are appropriate.

Jacksonville University will provide an individual with written notice about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures following a report of sexual misconduct.

The range of interim measures includes:

  1. No contact order: The reporting party or responding party may request, or the University may impose, communication and contact restrictions to prevent further potentially harmful interaction.
  2. Academic, Employment or Living Arrangements: The reporting party or responding party may request a change in academic, employment or living arrangements. Upon request, the University will inform the reporting party or responding party of the options and will accommodate the request if those changes are reasonably available. These may include, but are not limited to:
    • Changing class or work schedule, including the ability to withdrawal from a course without penalty
    • Limiting access to certain University facilities or activities pending resolution of the matter
    • Providing an escort to ensure safe movement between classes and activities
    • Providing academic support services
  3. Emotional Support: The University will provide counseling services through the Student Counseling Center or Employee Assistance Program or assist in providing a referral to off campusagencies.

Prohibited Conduct and Definitions

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

  1. 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 University‐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 University‐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.
  2. 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.
  3. 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.

  4. 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;
  5. 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.

  6. 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.

  7. Retaliation: Acts or attempts to retaliate or seek retribution against the reporting party, responding party, 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 responding party or reporting party. Retaliation may include continued abuse or violence, other forms of harassment, and slander and libel.

Definitions of Consent, Coercion, and Incapacitation

  1. 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.
  2. 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.

  3. 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.

Reporting Policies and Investigation Procedures

Jacksonville University encourages all students and faculty and staff to report information about any type of sexual misconduct or harassment involving a student, faculty and staff, or third party.  All complaints will be given a full, impartial, and timely investigation.  Jacksonville University will typically complete the investigation within 60 days unless extended for good cause.  If the investigation is extended for good cause, written notice will be provided to the complainant and the accused of the delay and the reason for the delay.

Jacksonville University prohibits retaliation against any person for filing or participating in a complaint. Jacksonville University will discipline any individual who retaliates against any person who reports alleged sexual misconduct or who retaliates against any person who testifies, assists, or participates in an investigation, a proceeding or a hearing relating to a sexual misconduct complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

False accusations of sexual misconduct can seriously injure innocent people. Where the preponderance of the evidence shows that a member of the University community intentionally made a false and malicious charge of sexual harassment, that person will be subject to disciplinary action. Charges made in good faith, which are erroneous or unproven, are not subject to discipline.

Amnesty

Individuals have the right to amnesty for drug or alcohol use related to the complaint. Individuals reporting an incident of sexual misconduct will not be subject to disciplinary action under the University’s Code of Conduct for his/her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not place the health or safety of any other person at risk.

Conduct Procedures for Complaints of Alleged Sexual Misconduct or Harassment

The following procedures will apply to any incident of alleged sexual misconduct or harassment, for students, faculty, and staff.

  1. The investigation will be conducted by the Title IX Coordinator or designee, who receives annual training on these issues and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
  2. The preponderance of the evidence (more likely than not) standard will be used to determine responsibility.
  3. Both the reporting party and responding party will be provided the same opportunities to be accompanied by an advisor of their choice to any related meeting or proceeding.  Advisors may assist a party with understanding the investigation process and preparing for interviews and meetings; attend interviews and meetings with the party; review any written appeals or other statements prepared by the party; provide emotional support; and otherwise assist and support the party as the party moves through the process. Advisors may not speak on behalf of the party at any interviews or meetings or through any written documents.
  4. The reporting party and responding party will be provided timely notice of meetings and conduct hearings.
  5. The reporting party and responding party will be provided timely and equal access to any information that will be used during conduct hearings.
  6. During the investigation process, the Title IX Investigator will determine whether information concerning the prior sexual history of either party is relevant. In general, in a case where the responding party raises consent as a defense, any prior consensual relationship between the parties may be relevant. Any other prior sexual history of the reporting party is typically not relevant and may not be permitted. Prior sexual history of the responding party may be relevant where there is evidence of a pattern of misconduct that may be relevant in the determination of responsibility assigning of corrective action.
  7. Pattern evidence by the responding party: Where there is evidence of a pattern or conduct similar in nature by the responding party, either prior to or subsequent to the conduct in question, regardless of whether there has been a finding of responsibility, this information may be deemed relevant and probative to the determination of responsibility and/or assigning of a sanction. The determination of relevance will be based on an assessment of whether the previous incident was substantially similar to the present allegation or information and indicates a pattern of behavior and substantial conformity with that pattern by the accused.
  8. If the responding party is a student:

    Both parties will be simultaneously informed in writing of:

    1. The result of the proceeding, including any sanctions imposed;
    2. The procedures for the reporting party and the responding party to appeal the result;
    3. Any changes to the result; and
    4. When such results become final.
  9. If the responding party is a faculty/staff member:

    The investigator(s) will relay the findings to the faculty’s/staff’s supervisor and Human Resources Office for the determination of corrective action. Possible actions are included in the Sanctions/Corrective Actions section of the policy.

    Once the supervisor/Human Resources Office has made a corrective action determination, both parties will be informed in writing of:

    1. The result of the proceeding, including any corrective actions imposed;
    2. The procedures for the reporting party and the responding party to appeal the result;
    3. Based on the appeal, any changes to the result; and
    4. When such results become final.

Sanctions/Corrective Actions

The purpose of disciplinary sanctions or corrective actions is to redirect faculty, staff and/or student behaviors toward patterns more acceptable to the University community, if such redirection is feasible; and/or to protect the University community from possible harm or injury.  This information is promulgated to assure that faculty, staff, and students are aware of the potential consequences of their misconduct.  Sanctions/corrective action for misconduct will be determined on a case to case basis, utilizing three main criteria:

  1. The nature of the offense;
  2. The precedent, if any, established at the University for similar offenses; and
  3. The previous conduct history of the faculty or staff and/or student, if any, and the faculty or staff and student’s attitude and behavior throughout the investigative process.

Possible sanctions/corrective actions may include, but are not limited to:

  • No contact orders
  • Written letter of warning or reprimand
  • Mandatory participation in an educational program
  • Mandatory referral for psychological assessment and compliance with any resulting treatment plan
  • Adjustment of living arrangements
  • Adjustment of academic schedule
  • Restricted participation in extracurricular activities
  • Removal or suspension from athletic team
  • Restricted attendance at University-sponsored activities or events
  • Revocation of admission
  • Revocation of degree
  • Postponement of degree conferral
  • Restricted access to campus
  • Probation for students or employment
  • Suspension or dismissal for students
  • Termination of student employment
  • Employee suspension with or without pay
  • Modification of employee benefits such as tuition assistance
  • Termination of faculty or staff from the University

Faculty and staff

Faculty and staff are required to participate in an investigation of alleged sexual misconduct or harassment. Failure to participate may result in immediate termination. If a faculty or staff member resigns, the University has the option to move forward with an investigation and sanctions. If a person resigns during an investigation, he/she will not be permitted to return to the University as a student or faculty or staff. If found not responsible, the person may follow up with the Title IX Coordinator, prior to returning to the institution. Depending on the nature and severity of the violation, the University reserves the right to impose sanctions including, but not limited to termination of faculty or staff.

Third Party Vendors/Others

The University’s Chief Financial Officer, in conjunction with Human Resources, will determine the sanction for third party vendors and others.

Appeals

Specific to this policy, both parties have the opportunity to appeal the written decision. Appeals may be made in writing, and shall be made within three business days of the date the party receives the summary of the decision. Appeals must be based on at least one of the following grounds:

  • The procedures described in this policy were not followed, and the failure to follow procedure may have affected the outcome of the final decision;
  • The sanction(s) imposed are disproportionate for the facts of the case and/or the violation of the policy that was found;
  • Substantive new information that was not reasonably available at the time of the investigation has now become available and may change the outcome of the final decision.
  • When a party requests an appeal, the Title IX coordinator shall advise the other party, who will be permitted to respond to the appeal within a timeframe established by the Title IX coordinator.
  • Appeals will be determined in a timely fashion, but generally within ten calendar days after receipt of the appeal. The selected adjudicators shall review the written decision and any responses made by the parties. At its discretion, the adjudicators may seek further information from the parties, the investigators, or the decision panel and will then issue a written appeal decision that either accepts or amends the decision of the decision panel, or directs the investigators to re-open the investigation to address specific concerns raised by the appeals panel.

Prevention and Awareness Programs

The University offers on-going prevention and awareness programs to all incoming students, returning students, and faculty and staff.

The ongoing program of choice offered by Jacksonville University is the Green Dot College Strategy and consists of components that deal with power-based personal violence. This includes dating/domestic violence, sexual violence, and stalking. Green Dot provides the opportunity to create the momentum necessary for true and lasting culture change. It expands the traditional approach to bystander intervention in two ways: Who a bystander is and what a bystander does. We can take small actions each day to establish norms so that if a new student, classmate, friend, parent, or employee steps onto JU’s campus, they know that violence will not be tolerated and everyone is expected to do their part. No one has to do everything, but everyone has to do something.

This program is sponsored by the Women’s Center of Jacksonville. For more information, call (904) 722-3000 x210.

Additional educational programming includes:

  • EduRisk “Workplace Harassment Prevention 110” and “Protecting our Campus from Sexual Assault.”
  • 3rd Millennium Consent and Respect program
  • One Love Education program, designed to educate about healthy relationships and signs of relationship violence

Title IX Coordinator and Deputy Coordinators

Jacksonville University has a designated Title IX Coordinator and Deputy Title IX Coordinators to oversee its response to all reports of sexual misconduct and harassment, conduct training, and coordinate compliance with the mandates of Title IX.  Any questions about Jacksonville University’s Title IX policies and any reports of sexual misconduct or harassment should be directed to the Title IX Coordinator or Deputy Title IX Coordinators.

Title IX Coordinator

Kristie Gover, Ed.D.

VP for Student Affairs and Dean of Students, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7067
  • Email address  kgover1@ju.edu

Deputy Title IX Coordinators

James Williams

Director of Human Resources, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7025
  • Email address  jwillia@ju.edu

Dr. Lynnette Kennison

Professor, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7622
  • Email address  lkennis@ju.edu

Kevin Bennett

Director of Campus Security, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7585
  • Email address  kbennet1@ju.edu

Luke Morrill

Associate Dean of Students, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7585
  • Email address  lmorril1@ju.edu

DaVina Hamilton

Assistant Dean of Students, Jacksonville University

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7585
  • Email address  dhamilt3@ju.edu

Lauren Cevis

Associate Athletic Director, Athletics, Jacksonville University

*Designee specifically for Athletic Compliance

  • Office location  2800 University Blvd. N., Jacksonville, FL 32211
  • Telephone number  (904) 256-7794
  • Email address  lcevis@ju.edu