The privacy of all parties to a report of sexual misconduct must be respected, except insofar as it interferes with the University’s obligation to fully investigate allegations of sexual misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. The University will not disseminate information and/or written materials to persons not involved in the resolution process without the consent of both parties. Witnesses are also required to maintain the privacy of information shared with them during interviews and/or hearings. Violations of the privacy of the reporting party or the responding party may lead to conduct action by the University, though both parties are allowed to share their perspectives and experiences. All parties, including witnesses, involved in an allegation are strongly encouraged to maintain the privacy of information and/or written materials.
In all resolutions of sexual misconduct, the reporting and responding parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of either party. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an “Annual Security Report” of campus crime statistics. This statistical report does not include personally identifiable information.
No, not unless you tell them. Whether you are the reporting party or the responding party, the University’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if an individual has granted FERPA permissions.
Yes, if the University determines there is reasonable cause to believe a violation has occurred and investigates the matter. The responding party has the right to know the identity of the reporting party.
Yes, if you want formal disciplinary action to be taken against the responding party. You can report the incident without the identity of the responding party, but doing so may limit the institution’s ability to respond comprehensively.
DO NOT contact the reporting party. You may immediately want to contact someone who can act as your advisor; anyone may serve as your advisor. You may also contact the Title IX Coordinator, who can explain the University’s procedures for addressing sexual misconduct reports. You may also want to talk to a confidential counselor at the counseling center or seek other community assistance. See below regarding legal representation. A list of trained advisors is available by calling 386-226-7971.
There is no charge for Daytona Beach students seeking care through Embry-Riddle Aeronautical University.
Reporting parties of criminal sexual assault need not retain a private attorney to pursue criminal prosecution because representation will be handled by the District Attorney’s (Prosecutor’s) office. This option exists when the reporting party chooses to file a report with local law enforcement. You may want to retain an attorney if you are considering filing a civil action or are the responding party. The responding party may retain counsel at their own expense if they determine that they need legal advice about criminal prosecution and/or the campus conduct proceeding. Both the responding party and the reporting party may also use an attorney as their advisor [or advocate] during the campus’ resolution process. Attorneys are subject to the same restrictions as other advisors [or advocates] in the process as described in the student conduct process.
The University investigates allegations of sex/gender based harassment, discrimination or misconduct to determine whether there is evidence to indicate a policy violation is “more likely than not.” This standard, called the preponderance of the evidence, corresponds to an amount of evidence indicating a policy violation is more than 50% likely.
You may request a room change if you want to move. Room changes under these circumstances are considered emergencies. It is typically institutional policy that in emergency room changes, the student is moved to the first available suitable room. If you prefer that the responding party be moved to another residence hall, that request will be evaluated by the Title IX Coordinator to determine if it can be honored. Other assistance and modifications available to you might include:
An employee may request an office change or classroom teaching assignment change through the Title IX Coordinator. The Title IX Coordinator will evaluate the request and options with Human Resources and appropriate supervisors. In cases where the safety of a reporting party is at issue, the university will take measures to eliminate the risk associated with an office or classroom. Other assistance and modifications available might include:
Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault must be collected from the reporting party’s person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time. If you believe you have been a victim of a criminal sexual assault, you should go to the Hospital Emergency Room, before washing yourself or your clothing. While it may be uncomfortable, it is best to also avoid eating or drinking anything, brushing teeth, removing tampons or sanitary pads, until the exam is complete.
Halifax Health Medical Center (Halifax)
303 N. Clyde Morris Blvd.
Daytona Beach, FL
The Sexual Assault Nurse Examiner (a specially trained nurse) at Halifax is usually on call 24 hours a day, 7 days a week (call the Emergency Room if you first want to speak to the nurse; ER will refer you). If a reporting party goes to the hospital, local police will be called, but s/he is not obligated to talk to the police or to pursue prosecution. Having the evidence collected in this manner will help to keep all options available to a reporting party, but will not obligate him or her to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should the reporting party decide later to exercise it.
For the Reporting Party: Halifax staff will collect evidence, check for injuries, address pregnancy concerns, and address the possibility of exposure to sexually transmitted diseases and infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam, if you want. Do not disturb the crime scene — leave all sheets, towels, etc. that may bear evidence for the police to collect.
No. The seriousness of sexual misconduct is a major concern and the University does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct. The University provides amnesty from any consequences for minor policy violations that occur during or come to light as the result of a reporting party’s report of sexual misconduct. However, in the interest of safety, flight students may be grounded from flight activity until they are emotionally and physically prepared to return to the cockpit. The Health Center and Counseling Services will assist students with this process and evaluation. It is not necessary for the reporting party to reveal to the flight department the details or circumstances of an assault.
Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present matter.
If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the University’s sexual misconduct policy, you should contact the Title IX Coordinator (not confidential) or Counseling Center (confidential). If you believe you have experienced non-consensual sexual intercourse, you should contact The Health Center or the hospital emergency room to address all possible physical injuries.
Responsible Authority: Chancellor Tim Brady
This universal policy, resolution process and investigation protocol may be applied to all reports of civil rights violations and discrimination reports, especially those governed by Title IX, including sexual violence, sexual harassment, intimate partner violence, stalking, and/or gender-based bulling or hazing.
Dr. Cat Riley
Director Office of Title IX Compliance & Title IX Coordinator
Henderson Welcome Center
600 S. Clyde Morris Blvd.
Daytona Beach, FL 32114-3900