Title IX

If a victim/survivor is not sure what they want to do, they are encouraged to seek out confidential resources to assist them. Confidential resources include: 

  1. Local rape crisis centers and/or domestic violence shelters, as the Nancy J. Cotterman Center or Women in Distress.
  2. Mental health care counselors providing services to the victim as their client, such as the Center for Student Counseling and Well-Being.
  3. Doctors and medical personnel providing medical care directly to the victim as their patient.
  4. National hotlines such as RAINN (Rape, Abuse, and Incest National Network)or the domestic violence hotline.
  5. Members of the clergy or legal counsel who acting in the context of their legally protected privilege.

Note: While police departments and state attorney’s offices have victim advocates, these are system-based and don’t have the same confidentiality as the victim advocates in community agencies like the Nancy J. Cotterman Center. It is okay to ask about someone’s confidentiality status before talking to them.  

While the university encourages reporting of all crimes and acts of misconduct so that they can be addressed, a victim has the right to remain anonymous. Victims and third-parties should be aware that most NSU employees are designated “responsible employees” under Title IX, which means they are required to report information related to incidents of sexual misconduct that is shared with them so that the university can respond appropriately and promote a safe campus.

The Title IX Coordinator is not a confidential resource, but can connect students directly to these individuals, and it is up to the student how much they would like to share with the Title IX Coordinator about an incident. Faculty, resident advisers, coaches, teachers, and most other NSU employees are required to report incidents directly to the Title IX Coordinator. If you are not sure whether someone is a confidential resource, ask them!

 

Exceptions to Confidentiality

There are three key exceptions involving specific circumstances that require even a confidential resource to report information.

  1. Any physician, nurse, or employee thereof, and any employee of a hospital, sanatorium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for treatment, must report the same immediately to the local police.
  2. All of the confidential professionals (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters and are required to report incidents involving victims under 18 years of age to the Florida Department of Children and Families.
  3. Some or all of these professionals may also have reporting obligations under Florida law to (1) local law enforcement, in cases involving threats of immediate or imminent harm to self or others, where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court, if compelled by court order or subpoena in a criminal proceeding related to the sexual violence incident.

 

Evaluating Requests for Anonymity, Confidentiality, and/or for No Action to Occur

If a victim discloses an incident to an NSU employee who is not a confidential resource or cannot maintain privacy of the victim’s identity, as described above, and the victim wishes not to have his/her/their identity known to others, and/or requests that no investigation or action occur, the university must weigh that request against the university’s obligation to provide a safe, nondiscriminatory environment for all students, including the victim. For this reason, victims or reporting parties who seek confidentiality should seek out confidential resources. However, the university sometimes learns about incidents from a third party or from a victim who is not aware of the reporting requirements that an NSU employee may have. In addition, a victim may report an incident, but request that no investigation or formal action occur by the institution, or may decide at a later date not to participate in the investigation or resolution process. In situations where a victim makes such a request, the Title IX Coordinator will evaluate whether the university can honor the request using a range of factors. These include:

  • any reasonably anticipated risk that the reported individual will commit additional acts of sexual or other violence, based on factors such as:
    • whether there have been other sexual violence complaints about the same reported individual,
    • whether the reported individual has a history of arrests and/or records from a prior school indicating a history of violence, and
    • whether the reported individual threatened further sexual violence or other violence against the victim or others.
  • whether the sexual violence was committed by multiple individuals.
  • whether the sexual violence was perpetrated with a weapon.
  • whether the victim is a minor.
  • whether the university possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence).
  • whether the victim’s report reveals a pattern of misconduct at a given location and/or by a particular group.

The presence of one or more of these factors could lead the university to investigate and, if appropriate, pursue disciplinary action.

If the university honors the request by a victim, the victim must understand that the university’s ability to meaningfully investigate the incident and pursue disciplinary action against the reported perpetrator may be limited. If the university determines that it cannot comply with a victim’s request, the university will inform the victim of this prior to starting an investigation and will also inform the victim of the college officials who will receive information in their role of handling the university’s response. The Title IX coordinator will determine those individuals responsible for handling the university’s response, in accordance with these procedures.

In all cases, but especially when a victim requests confidentiality/anonymity and/or no action, the university will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or university employees, will not be tolerated. The university will also provide the victim with all the rights and options available, regardless of whether the victim chooses to remain anonymous or not.

Because the university is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including reports that do not identify a victim and/or a specific perpetrator) will also prompt the university to consider broader remedial action— such as increased monitoring, supervision, or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.