All Complainants (those who experience sexual or gender-based harassment, sexual assault, dating violence, domestic violence or stalking, and those who experience other protected class discrimination) have the following resolution options available to them.
Supportive Measures Only/No Further Action Requested
The Complainant may choose to take no further action when the report is made, or the Title IX Coordinator may conclude that the reported behavior does not fall within the Policy. In this case, the Coordinator will make appropriate referrals to other College administrative units if questions remain about the appropriateness of the reported behavior.
Supportive measures remain available to the Complainant even if no further action is requested when the report is made. The Complainant may request that action be taken at any time in the future by filing a Formal Complaint as long as the Respondent remains under the jurisdiction of the College.
Supportive measures include but are not limited to the following:
- Assistance with reporting incidents to local police and/or prosecutors
- Assistance with seeking medical care
- Referral to counseling and health services
- Referral to the Employee Assistance Program
- Providing education to the community
- Altering the housing situation of the Complainant or Respondent
- Altering work arrangements for employees
- Providing campus escorts
- Providing transportation assistance
- Implementing a No Contact Agreement between the parties
- Offering adjustments to academic deadlines, course schedules, etc.
These measures are available regardless of whether a Complainant files a Formal Complaint or makes a police report. Individuals needing supportive measures are encouraged to schedule an appointment with the Title IX Coordinator.
Informal Resolution
Following the filing of a Formal Complaint, Eckerd College may resolve reports informally, as appropriate, based on the circumstances. Informal resolution may encompass a broad range of conflict resolution strategies—including, but not limited to, arbitration, mediation, or restorative justice. The informal resolution process provides a mechanism for the College to take prompt action through the imposition of individual and community remedies designed to maintain or restore access to the educational, extracurricular, and employment activities at Eckerd and to remedy the impacts of conduct on members of the College community. Additional aspects of an informal resolution are:
- The College generally will not pursue mediation where the prohibited conduct involves severe or egregious forms of prohibited conduct.
- Eckerd College will not compel a Complainant to engage in mediation, to confront the Respondent directly, or to participate in any particular form of informal resolution.
- At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process that does not involve a full investigation and adjudication.
- Parties have the right to withdraw from the informal resolution and request the formal resolution process at any time prior to agreeing to a resolution.
- The informal resolution process is not available to resolve allegations that an employee sexually harassed a student.
- Once a Formal Complaint has been resolved through an informal resolution process that involves the participation of a Respondent in lieu of a formal investigation, the matter generally will be considered closed.
- In all cases, the Title IX Coordinator will have discretion to determine whether or not informal resolution is appropriate to the circumstances.
- Informal resolution does not lead to a determination of responsibility and does not result in disciplinary action.
Formal Resolution
Following the filing of a Formal Complaint, a formal resolution may be requested, which includes a full investigation and resolution process as detailed in the Eckerd Policy and Procedures.
- During an investigation, the investigator will interview involved parties and witnesses and gather evidence—including documents, photographs, communications between the parties, and other records as appropriate.
- Either party may request to stop the formal resolution process and engage in an informal resolution of the Formal Complaint at any time before a determination of responsibility, provided that the Complainant and Respondent give voluntary written consent and the College deems it appropriate to stop the investigation.
- The formal resolution process will lead to a finding of “responsible” or “not responsible” for the alleged violation and, if found “responsible” leads to disciplinary action.
Your Rights in the Resolution Process
Time Frame for Resolution
The College will seek to complete the resolution process in a prompt and timely manner consistent with the reasonably prompt time frames for the major stages of the process designated in the Procedures. All time frames identified throughout the Procedures are approximate, and the College may extend any time frame for good cause with written notice to the parties. An extension may be required for good cause to ensure the integrity and thoroughness of the investigation; to comply with a request by law enforcement; in response to the unavailability of the parties or witnesses; based on the need for language assistance or accommodation of disabilities; or for other legitimate reasons, such as intervening breaks in the academic calendar, finals periods, the complexity of the investigation, the volume of information or length of the written record, and/or other considerations that impact the timing of the investigation, hearing, or appeal. While requests for delays by the parties may be considered, the College cannot unduly or unreasonably delay the prompt resolution of a report under this Policy.
Reporting
- Complainants have the right to notify law enforcement of incidents and to receive assistance from campus personnel in doing so.
- Complainants may decline to report to law enforcement if they so wish.
- Complainants have the right to have their allegations investigated and resolved internally by Eckerd College.
Fairness
- All parties have an equal opportunity to have an adviser of their choosing or one offered by the College present at all meetings related to the process.
- All members of the campus community have the right to have reported incidents addressed according to the published College Procedures.
- All parties have the right to written notice of the outcome of the proceedings.
- All parties have the right to appeal the outcome according to the established appellate procedures.
- All parties, their supporters, and witnesses have a right to be free from retaliation.
Support
- Students have a right to be notified of their ability to access campus counseling and health services.
- Students and employees have a right to be notified of on- and off-campus supportive resources.
- All involved parties will receive the information and assistance needed to effectively participate in all proceedings.
- All parties have an equal opportunity to have an adviser of their choosing or one offered by the College present at all meetings related to the process.
- All parties have the right to seek orders of protection, no-contact agreements, restraining orders, or similar lawful orders issued by criminal or civil courts, and may seek the help of the College in requesting and/or enforcing these.
Amnesty
The College encourages reporting and seeks to remove barriers to reporting for students who experience or witness prohibited conduct. The College understands that students may be hesitant to report prohibited conduct to College officials or participate in the resolution processes because they fear that they themselves may be in violation of the EC-Book: Community Standards Policies and Procedures that prohibit underage drinking or personal consumption of illegal drugs. Because it is in the best interests of the College community that Complainants and witnesses come forward to report prohibited conduct and share what they know, the College provides amnesty for conduct that would otherwise be a violation of the Code of Student Conduct. The College also extends amnesty to students who offer help to others in need. In general, the College will not pursue disciplinary action against a student who makes a good faith report to the College as a Complainant or witness for their own personal consumption of alcohol or other drugs (underage or illegal) that would otherwise be a violation of the Code of Student Conduct, provided the misconduct did not endanger the health or safety of others. The College may initiate an assessment or educational discussion or pursue other nondisciplinary options regarding alcohol or other drug use.
