第九条和公民权利的遵守
什么是第九条?
第九条 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. 第九条规定:
“在美国，任何人不得, 以性别为基础, 被排除在…之外, be denied the benefits of or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
第九条 applies to any institution receiving federal financial assistance from the Department of Education, 包括州和地方教育机构. Educational programs 和 activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. 也, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, 或者因为有人收费, 作证, 或参与根据第九条提起的任何投诉诉讼. 欲了解更多信息，请访问 教育部的教育法第九条网站.
If you are in a current emergency dial 911 or 赌城平台网站警察 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. 然而, providing more information will assist the College with conducting an investigation 和 asking the College to not disclose your name will limit the ability of the College to respond. 另外, 如果你决定提出投诉，但要求学院不采取行动, 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.
第九条最近的变化
The new regulations from the Department of Education went into effect on August 14, 2020, 并要求对第九条程序进行重大修改. The new regulations require changes for reporting 和 responding to sexual harassment in the college’s education programs 和 activities that occur against a person in the United States. Some of those changes include narrowing the definition of what constitutes sexual harassment under 第九条 和 requiring a live hearing as part of the formal report process. Some conduct of a sexual nature that previously fell within the scope of 第九条 may no longer do so, but it will still be prohibited 和 addressed by our Sexual Discrimination 和 Harassment Policy.
我可以和谁通话?
你可以和任何你觉得舒服的人聊天. 然而, 重要的是要知道NCF员工, 包括教师, 居民助理, 学生员工, 和 trustees are all considered m和atory reporters 和 must report information about sexual misconduct to the 第九条 Coordinator. There are exceptions if you want to speak to someone in a confidential setting. 我们的 受害者主张 的成员 咨询 & 健康中心 can maintain confidentiality when you speak to them regarding 第九条 concerns.
当我报告不当行为时会发生什么?
If you meet with the 受害者主张 or with counselors in the 咨询 和 健康中心 then they may maintain confidentiality 和 will not engage in the complaint process unless you ask them to.
If you want the College to take action 和 you file a complaint/report with the Dean of Student Affairs, 赌城平台网站警察, 总法律顾问, 或第九条协调员, 将发生以下情况:
补救行动
在任何时候, 包括在调查开始之前, the 第九条 Coordinator or a designee may take remedial action as required. Remedial actions are designed to prevent serious 和 immediate harm to the complainant or others, 防止对任何人进行报复, 终止歧视或骚扰行为，防止其发生. This may include but is not limited to altering the complainant or respondent’s work or academic environment, 提供咨询和医疗服务, 发出禁止接触令, 将学生或教员转到不同的课程, moving students to different rooms in the residence hall or to a different hall, 以及其他行为.
调查
When the College receives a complaint it will begin an investigation into what happened. This includes collecting 和 reviewing evidence 和 interviewing witnesses/parties to clarify allegations, 讨论期望的调查结果, 并获取有关指控的详细信息. Both parties will have an opportunity to respond to the allegations during their individual interview with the investigator, 两者都可以提供证人姓名和其他补充材料, 和 both have the right to have an attorney or non-attorney advisor present, 自费, 在面谈或其他程序中. 但是，顾问或律师不得直接参与.
After completing the investigation, the investigator will present a report of findings. This will summarize the general testimony of the witnesses 和 other evidence, determine whether the allegations of the complaint are supported by the preponderance of credible evidence, 确定是否违反了学院的其他政策, 和, 如果合适的话, 建议纪律处分和/或补救措施. 将向双方提供一份报告副本.
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.
上诉
Either party may appeal the report of findings 和/or disciplinary actions. The appeal must identify the specific findings that the appellant disputes 和 explain the reason why each finding is disputed. 此外，上诉必须基于以下证据:
- The investigation was not conducted in compliance with the procedures 和 the non-compliance materially affected the outcome of the investigation.
- 这些发现并不是建立在大量可信证据的基础上的.
- 上诉人发现了新的证据, 以前不可用, 哪些会对调查结果产生重大影响.
开始上诉, please provide written notice of your intent to appeal to the 第九条 Coordinator within 10 days of the outcome of the case.
报告第九条不当行为
New College strongly encourages all good-faith reports 和 will respond to all reports based on the nature 和 quality of the information that is shared. 您可能希望表明自己的身份，也可能选择匿名.