University School Title IX/Sexual Misconduct Policy

Nova Southeastern University (“NSU”), in compliance with the spirit of various federal and state laws (e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act") and the Violence Against Women Act of 1994 ("VAWA")), is committed to fostering a safe, healthy, and effective educational environment free from discrimination and harassment. The following policy and accompanying procedures are designed to ensure NSU is compliant with Title IX of the Education Amendments of 1972 (20 U.S.C. 1681) and its implementing regulations (34 C.F.R. 106) which prohibit sex discrimination and sexual harassment in all NSU education programs and activities, including admission and employment. Title IX states:

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 educational program or activity receiving Federal financial assistance.

Any questions about Title IX or its application to NSU may be directed to the Title IX Coordinator, the Assistant Secretary of Education of the United States of America, or both. NSU has designated a full-time professional in the Office of Human Resources to lead NSU’s response to sexual misconduct and compliance with Title IX.  NSU may also designate Deputy Title IX Coordinators to provide the investigation and response to reports of Title IX Sexual Harassment. Any questions or concerns may be directed to the Title IX Coordinator:  

Name:     Laura Bennett
Title:        Title IX Coordinator and Managing Director of Title IX Compliance &  Institutional Response to Sexual Misconduct
Email:    laura.bennett@nova.edu
Website & Online Incident Reporting Form: www.nova.edu/title-ix
Phone: 
   954-262-7858
Office:      NSU East Campus, Office of Human Resources, #248, 3100 SW 9th Avenue, Fort Lauderdale, FL 33315

This policy describes sexual harassment prohibited by Title IX as well as other forms of sexual misconduct prohibited by NSU. If a report of sexual misconduct (including committed or attempted acts, as well as facilitation of others’ engagement in misconduct) appears subject to Title IX (both in the nature of the allegation and the context in which it occurred), it is subject to the Title IX Resolution Procedures. For any report of sexual misconduct that falls outside of the federally mandated definitions of sexual harassment under Title IX, NSU reserves the right to consider the matter as another form of sexual or other misconduct subject to policies and procedures such as those outlined in the NSU Student Code of Conduct, NSU Employee and Faculty Policy Manuals, NSU University School Student/Parent Handbook and any other applicable policies and procedures within academic colleges and departments. When engaging with NSU, visitors, applicants for admission or employment, volunteers, preceptors, families of students, and others are expected to align their behavior with the standards outlined in this policy, although the response to reports involving these individuals will vary depending on the relationship between the individual and NSU.   

This version of the Title IX/Sexual Misconduct Policy and procedures takes effect for incidents reported to have occurred on or after August 14, 2020. Any changes to the policy and/or procedures will be reflected on the Title IX website at www.nova.edu/title-ix.

Sexual Harassment Prohibited By Title IX

The following types of sexual misconduct (referred to as "Title IX Sexual Harassment") are prohibited under Title IX and this policy:

  1. Quid Pro Quo Harassment by an Employee: An employee of NSU conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (e.g. “If you do this sexual activity for me, I will give you a good grade”). 
  2. Denial of Access: Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the NSU education program or activity.
  3. Title IX Sex Offense: A sexual offense that meets one or more of the following: 
    1. Non-consensual sexual penetration: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim.
    2. Non-consensual sexual contact: the touching of clothed or unclothed private body parts (i.e. breast, buttocks, genital area, groin, and inner thigh) of another person through human contact or with an object for the purpose of sexual gratification. This may occur through force or against someone’s will or it may occur without force when a person cannot consent because of age or incapacitation. 
    3. Non-forcible sexual offenses:
      1. Statutory rape: sexual intercourse with a person under the age of consent, which is 18 in the state of Florida and 16 in Puerto Rico. 
      2. Incest: sexual intercourse between persons who are directly related (i.e. blood relatives). 
    4. Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of the relationship is determined by the reporting party’s statement with consideration of the length of relationship, type of relationship, and frequency of interaction between the persons in the relationship.  
    5. Domestic violence: felony or misdemeanor level crime of sex-based violence or the threat of violence committed—
      1. By a current or former spouse or intimate partner of the victim;
      2. By a person with whom the victim shares a child in common;
      3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
      4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
    6. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. 
      1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means; follow, monitors, observes, surveils, threats, or communicates to or about a person, or interferes with a person’s property.
      2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the individual the stalking is directed towards.
      3. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  4. RETALIATION: No person nor NSU may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, provided information, assisted, participated or refused to participate in any manner in a Title IX investigation or proceeding.  

View the USchool Title IX Resolution Procedures