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Human Resources

SJR State and Title IX Compliance and Commitment


St. Johns River State College is committed to maintaining a fair and respectful environment for work and study. To that end, and in accordance with applicable federal, state, and local laws (including Title IX); regulations; ordinances; orders; rules; and, College policies, St. Johns River State College does not discriminate against any person in its programs, activities, policies or procedures on the basis of race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status.

The Department of Education’s Office for Civil Rights (OCR) issued new regulations mandating how SJR State and all other colleges and universities must investigate and adjudicate sexual misconduct cases under Title IX. The compliance date for the regulations is August 14, 2020. SJR State will release additional updated policies and procedures that comply with these new regulations as they are developed. All questions and concerns can be directed to the Title IX Coordinator at

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Title IX

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“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 education program or activity receiving Federal financial assistance.”

  As a public educational institution, and as a corporate citizen, St. Johns River State College is dedicated to the philosophical foundations of democracy and equality of opportunity. This policy applies to administrators, faculty, staff, students, visitors, applicants, and contractors. The College community is expected to assist in making this assurance valid in fact.

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Title IX Coordinator

In its commitment to equality, the President of St. Johns River State College has designated a Title IX Coordinator. All questions or inquiries regarding compliance with laws relating to non-discrimination and all complaints regarding sexual misconduct or discrimination, may be directed to the Title IX Coordinator/Equity Officer, Charles Romer, Director of Human Resources (office located in the Administration Building, Room A-145), St. Johns River State College, 5001 St. Johns Avenue, Palatka, Florida, 32177; 386-312-4070, CharlesRomer@sjrstate.edu. When an inquiry or complaint involves a student, the Title IX Coordinator/Equity Officer will work in conjunction with the Vice President for Student Affairs (office located in the Student Services Building, Room V227, 5001 St. Johns Avenue, Palatka, FL 32177, telephone (386) 312-4127) to respond to or resolve such inquiry or complaint. Inquiries or complaints may also be directed to the Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202.

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Title IX Coordinator’s Training

The Title IX Coordinator (Charles Romer) joined the College in November 2021 as the Director of Human Resources and also serves as the Coordinator. His ongoing training includes material from the Association of Title IX Administrators (ATIXA) – Title IX Coordinator Certification, November 2020.

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Scope of Title IX

Title IX applies to institutions that receive federal financial assistance from the U.S. Department of Education, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

Educational programs and activities that receive funds from the U.S. Department of Education must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX.

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How to report sex discrimination or sexual harassment

Any person can report sex discrimination, including sexual harassment, using contact information for the Title IX Coordinator, even if it is outside of business hours.

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Policy Statement on Equality of Opportunity and Non-Discrimination

St. Johns River State College is committed to maintaining a fair and respectful environment for work and study. To that end, and in accordance with applicable federal, state, and local laws, regulations, ordinances, orders, rules, and College policies, St. Johns River State College does not discriminate against any person in its programs, activities, policies or procedures on the basis of race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status.  As a public educational institution, and as a corporate citizen, St. Johns River State College is dedicated to the philosophical foundations of democracy and equality of opportunity. This policy applies to administrators, faculty, staff, students, visitors, applicants, and contractors. The College community is expected to assist in making this assurance valid in fact.

In implementation of its commitment to equality, the President of St. Johns River State College shall designate an Equity/Title IX Coordinator. All hiring and procedures for hiring are based upon the needs of the College and the individual’s qualification for the specific position without regard to race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status except where age or gender is a bona fide qualification.

In further implementation of its commitment and as a natural outgrowth of its open-door philosophy of education, the St. Johns River State College District Board of Trustees supports the policy of Equal Access/Equal Opportunity. Recruitment, admission, and financial aid practices and will demonstrate a commitment to Equal Access/Equal Opportunity.

All questions or inquiries regarding compliance with laws relating to non-discrimination and all complaints regarding sexual misconduct or discrimination, may be directed to the Title IX Coordinator/Equity Officer, Charles Romer, Director of Human Resources, St. Johns River State College, 5001 St. Johns Avenue, Palatka, Florida, 32177; 386-312-4070.  When an inquiry or complaint involves a student, the Title IX Coordinator/Equity Officer will work in conjunction with the Vice President for Student Affairs (office located in the Student Services Building, Room V227, 5001 St. Johns Avenue, Palatka, FL 32177, telephone (386) 312-4127) to respond to or resolve such inquiry or complaint. Inquiries or complaints may also be directed to the Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202. 

The College shall develop and update the College’s non-discrimination statement consistent with this policy to be distributed and published on College social media and in appropriate printed documents and literature.

1.1.1 Procedure on Pregnancy Accommodations

Title IX of the Education Amendment Act of 1972 prohibits discrimination on the basis of sex, including pregnancy and related conditions, in educational programs and/or activities.

St. Johns River State College does not discriminate against any student on the basis of pregnancy or related conditions, including childbirth, false pregnancy, termination of pregnancy or recovery therefrom. The College will treat pregnancy as a justification for a leave of absence for so long a period of time as deemed medically necessary by the Student’s physician in writing; and, at the conclusion of this period of time, the Student shall be reinstated to the status she held prior to the leave. Students will be given the opportunity to make up missed work. Prompt and appropriate communication by the student is necessary to ensure appropriate accommodations are provided.

All requests for leave of absences should be submitted to:

Charles Romer
Director of Human Resources
Title IX Coordinator/Equity Officer
386-312-4074

Pregnant students and those with related conditions:

  • Are only required to provide medical certification allowing continued school participation if this certification is required for all students with physical or emotional conditions requiring the attention of a physician;
  • Shall be provided necessary and reasonable accommodations to allow them to continue to participate in the educational program of activity. These accommodations may vary based on the type of pregnancy, as well as the type of program in which the student is involved;
  • Shall be allowed to return to the same academic and extracurricular status as before the pregnancy-related medical leave began.

Students needing additional assistance can seek accommodations from the Academic Advising Office on any campus (Orange Park - 904-276-6800, Palatka - 386-312-4035, St. Augustine - 904-808-7402).

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Policy Statement on Sexual Harassment and Sexual Assault

It is the policy of St. Johns River State College, in keeping with efforts to establish an environment in which the dignity and worth of all members of the institutional community are respected, that sexual harassment of students and employees at St. Johns River State College is unacceptable conduct and will not be tolerated. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, when that behavior falls within the definition outlined below.

Sexual harassment of employees and students at St. Johns River State College is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education career.

2. Submission to or rejection of such conduct is used as the basis for employment or educational decisions affecting that individual.

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational experience, or creates an intimidating, hostile, or offensive work or educational environment.

St. Johns River State College defines sexual assault as follows: any intentional or knowing touching or fondling by the accused, either directly or through the clothing of the victim’s genitals, breasts, thighs or buttocks without the victim’s consent. Sexual assault also includes touching or fondling of the accused by the victim when the victim is forced to do so against his or her will. Sexual assault includes but is not limited to rape. Verbal conduct without the requisite physical touching or fondling will not be deemed sexual assault but may constitute sexual harassment.

St. Johns River State College will investigate sexual harassment and sexual assault cases as defined herein when they occur on campus. Investigations involving students will be handled by the Vice President for Student Affairs and, where appropriate, campus security.

Employees who feel that they have been sexually harassed or assaulted under the above definition and wish further information, or assistance in filing a complaint, should contact Charles Romer, Director of Human Resources,/Equity Officer/Title IX Coordinator, St. Johns River State College, Administration Building, Room A-145, telephone (386) 312-4074. Students with complaints should contact Vice President for Student Affairs, St. Johns River State College, Student Services Building, Room V227, telephone (386) 312-4127.

If sexual assault involving a St. Johns River State College student occurs off campus, the College will cooperate with the appropriate law enforcement agency in accordance with applicable laws and will activate student conduct rules, which apply. If sexual assault occurs on campus, the appropriate law enforcement agency will be contacted to handle the investigation. The College Senior Vice President/General Counsel and Executive Director, PAC whose office is in charge of campus security will direct campus security officers to cooperate in the investigation on campus. The College Vice President for Student Affairs will provide counseling and other regularly available support services to a student who is a victim of sexual assault.

St. Johns River State College students who are investigated for or found guilty of sexual assault as described above are subject to the procedures and penalties relating to student conduct as stated in the Catalog / Student Handbook and other officially adopted College policy and/or procedure statements.

Students and employees of St. Johns River State College who are found guilty of sexual harassment or sexual assault of another student or employee are subject to suspension, immediate dismissal and may be subject to penalties prescribed by state and federal law to include imprisonment.

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Sexual Misconduct Policy

Introduction
SJR State College is committed to creating and maintaining a community in which students, faculty and staff can work together in an atmosphere free of gender and sex discrimination. Every member of the College community should be aware that SJR State is strongly opposed to sexual misconduct and harassment and that such behavior is prohibited both by law and College policy and will not be tolerated. The College is committed to fostering a community that promotes prompt reporting of all types of sexual misconduct/harassment, domestic/ dating/physical violence, and/or stalking and ensures timely and fair resolution of sexual misconduct and harassment complaints. It is the intention of the College to take appropriate action to end the misconduct or harassment, prevent its re-occurrence, and address its effects.

As a recipient of Federal funds, the College is required to comply with Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities. Sexual misconduct and harassment, as defined in this policy, is a form of sex discrimination prohibited by Title IX. SJR State is committed to providing an educational environment, programs, and activities free from sex discrimination.

Purpose of Policy
This policy is intended to educate the SJR State community, students, faculty and staff who have been affected by sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking, whether as a reporting party, responding party, or third party.

When used in this policy, reporting party refers to the person(s) who reports to the College that he/she has been the subject of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking. Responding party refers to the person(s) who is/are reported to have committed acts of sexual misconduct/harassment, domestic/dating/physical violence and/or stalking. A third party refers to any other participant in the process, including a witness to the misconduct or harassment or an individual who makes a report on behalf of someone else.

The purpose of this policy is to:

  • Define sexual misconduct and harassment and the forms of sexual misconduct and harassment that violate our community standards;
  • Define domestic/dating/physical violence and stalking that violate our community standards;
  • Identify resources and support for all members of the SJR State community (see Appendix #5 - Sexual Misconduct Policy Resources);
  • Identify the Title IX coordinator and the scope of his/her role;
  • Provide information as to where a member of the SJR State community can obtain support or access resources confidentially;
  • Provide information on how a member of the SJR State community can make a report on campus and/or off campus;
  • Provide information on how a report against a member of the SJR State community will be investigated, evaluated and adjudicated.

Scope of Policy
This policy applies to all members of the SJR State community, including faculty, staff and students. All faculty, staff and students are responsible for their actions and behavior, whether the conduct in question occurs on campus or in a different location. As such, this policy applies to both on-campus conduct and relevant off-campus conduct that affects the community.

Vendors, independent contractors, visitors, and others who conduct business with SJR State or on College property are also expected to comply with this policy. The College will take timely action in all allegations of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking to ensure the safety of the SJR State community and to provide an environment free from gender and sex discrimination.

The Notice of Non-Discrimination
The District Board of Trustees has approved policy statement 3.12 on Equality of Opportunity and Non-Discrimination as follows: St. Johns River State College does not discriminate against any person in its programs, activities, policies or procedures on the basis of race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status.  All questions or inquiries regarding compliance with laws relating to non-discrimination and all complaints regarding sexual misconduct or discrimination, may be directed to the Title IX Coordinator/Equity Officer, Charles Romer, Director of Human Resources, St. Johns River State College, 5001 St. Johns Avenue, Palatka, Florida, 32177; 386-312-4074.  (Any changes to Policy SJR 3.12 will update herein as amended from time to time.)

SJR State does not discriminate on the basis of sex in its educational programs and activities or in the context of employment. Sexual misconduct and harassment as defined in this policy, is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972. Title IX requires that:

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 education program or activity receiving Federal financial assistance.

Sexual misconduct and harassment are also prohibited under Title VII of the Civil Rights Act of 1964 and other applicable statutes.

Statement of Privacy and Confidentiality
SJR State is committed to protecting the privacy of all individuals involved in a report of sexual misconduct, and/or harassment. The College will balance individual privacy with its obligation to conduct a thorough review of allegations to protect the parties and broader community and maintain an environment free from sexual misconduct and harassment.

Faculty, staff and students wishing to obtain confidential assistance without making a report to the College may do so by speaking with a confidential resource listed on the Resources pages (see Appendix #5 - Sexual Misconduct Policy Resources).

With the exception of the confidential resources identified pursuant to this policy, all other College staff and faculty who receive a report of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking are required to elevate the report to the Title IX Coordinator for investigation and response. The Title IX Coordinator will ensure that the College responds to all reports in a timely, effective, and consistent manner.

The privacy of all parties involved will be respected. Information related to a report of sexual misconduct and/or harassment will be shared only with those College employees who "need to know'' to assist in the investigation and/or resolution of the complaint. All College employees who are involved in the review, investigation, or resolution of a report have specific training regarding the safeguarding of private information.

Where the College has received a report of sexual misconduct/harassment, domestic/ dating/physical violence, and/or stalking but the reporting party requests that the matter remain confidential and/or requests that the College not pursue an investigation, the College must balance this request with its responsibility to provide a safe and non­discriminatory environment for all members of the SJR State community. The College is required to take all reasonable steps to investigate and respond to a complaint, but its’ ability to do so may be limited by the reporting party's request. However, under compelling circumstances including: evidence of a pattern of repetitive behavior, the use of force or threat of force, or the use of a weapon by the responding party, the College may conduct further investigation, or take other appropriate measures without the reporting party's consent. The reporting party will be informed whenever possible of any action the College takes to resolve the complaint, including further investigation and corrective or disciplinary steps.

If a report of sexual misconduct and/or harassment poses an immediate threat to the SJR State community and timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of privacy. Immediate threatening circumstances include, but are not limited to: reported incidents of misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the SJR State community. Under Florida law, the College is mandated to report any abuse of a minor (under the age of 18) to the Florida Abuse Hotline (1-800-962-2873). The reporting party will be informed whenever possible of any action the College takes to resolve the complaint, including further investigation and corrective action.

Prohibited Conduct and Definitions
This policy addresses a broad spectrum of behavior, all of which falls under the broad definition of sexual misconduct.

  • Sexual Harassment: Unwanted and unsolicited sexual advances, requests for sexual favors, and other deliberate or repeated communication of a sexual nature, whether spoken, written, physical or pictorial, shall constitute sexual harassment when:
    • Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment, academic status or participation in College-sponsored activities;
    • Rejection of such conduct is used as the basis, implicitly or explicitly, for imposing adverse terms and conditions of employment, academic status or participation in College-sponsored events; or
    • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working or learning environment.

A single isolated incident of sexual misconduct and/or harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a pattern of incidents for a hostile environment, particularly if the sexual misconduct and/or harassment is physical.

Sexual misconduct and/or harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Examples include, but are not limited, to:

  • Making demeaning sexist statements, humor or jokes about sex or gender-specific traits, crude sexual remarks, offensive stories, remarks of a sexual nature about a person's clothing or body, remarks about sexual activity or experiences, sexual innuendo or other suggestive comments, offensive notes, sexual propositions, or insults and threats that an individual communicates are unwanted and unwelcome.
  • Displaying or circulating written materials or pictures degrading to an individual(s) or gender group.
  • Engaging in inappropriate or unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing or brushing against an individual's body.
  • Giving undue and unwelcome attention, such as repeated inappropriate flirting, compliments about clothing or physical attributes, staring or making sexually oriented gestures.
  • Making a student's work or an employee's job more difficult because of that person's sex, or gender identity.
  • Using a position of power and authority to: 1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, refusing to submit to sexual activity, or for reporting harassment; 2) promise rewards in return for sexual favors.
  • Engaging in demeaning verbal and other expressive behavior of a sexual or gendered nature in instructional settings.

2. Sexual Assault: Having or attempting to have sexual intercourse or sexual contact with another individual without consent. This includes sexual intercourse or sexual contact achieved by the use or threat of force or coercion, where an individual does not consent to the sexual act, or where an individual is incapacitated. Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another. Sexual assault includes the following acts:

  • Related to Non-consensual Sexual Intercourse: Having or attempting to have sexual intercourse with another individual without consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact.
  • Related to Non-consensual Sexual Contact: Having or attempting to have sexual contact with another individual without consent. Sexual contact includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner.

3. Sexual Exploitation: When an individual takes non-consensual or abusive sexual advantage of another, for his/her own benefit; or to benefit anyone other than the one being exploited; and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Prostituting another person (i.e., personally gaining money, privilege, or power from the sexual activities of another person);
  • Non-consensual video, photography, audio-taping, or any other form of recording, of sexual activity;
  • Allowing others to observe a personal act of consensual sex without knowledge or consent of the partner;
  • Engaging in voyeurism (being a "peeping tom");
  • Knowingly or recklessly transmitting an STD or HIV to another person.

4. Stalking: A course of conduct involving more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of physical, emotional or psychological harm or injury. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, GPS or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.

5. Domestic Violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Domestic violence is also a pattern of controlling behaviors that may include physical, sexual or emotional abuse. It is a choice made by the batterer. Domestic violence is a crime committed by:

  • Current or former spouse or intimate partner of the victim.
  • A person with whom the victim shares a child in common.
  • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies (under Violence Against Women Act).

6. Dating Violence: The physical, sexual, or psychological/emotional violence within a dating relationship, as well as stalking. It can occur in person or electronically and may occur between a current or former dating partner. Dating violence means violence committed by a person, who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

  • The length of the relationship;
  • The type of relationship; and
  • The frequency of interaction between the persons involved in the relationship.

Dating violence is a type of intimate partner violence that occurs between two people in a close relationship. The nature of dating violence can be physical, emotional, or sexual:

  • Physical - this occurs when a partner is pinched, hit, shoved, slapped, punched, or kicked.
  • Psychological/Emotional - this means threatening a partner or harming his or her sense of self-worth. Examples include name calling, shaming, bullying, embarrassing on purpose, or keeping him/her away from friends and family.
  • Sexual - this is forcing a partner to engage in a sex act when he or she does not or cannot consent. This can be physical or nonphysical, like threatening to spread rumors if a partner refuses to have sex.
  • Intimate Partner Violence: A situation in which one partner is physically, emotionally and/or sexually abused by the other partner. Intimate partner violence can occur between individuals who are dating, married, hooking up, or who reside together. Intimate partner violence can occur between individuals of the same or opposite sex. This is often commonly referred to as domestic or dating violence.

7. Retaliation: Acts or attempts to retaliate or seek retribution against the reporting party, responding party, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a responding party or reporting party. Retaliation may include continued abuse or violence, other forms of harassment, and slander and libel.

Definitions of Consent, Coercion and Incapacitation

1. Consent: Consent to engage in sexual activity must be informed, knowing and voluntary. Consent exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to freely participate in mutual sexual activity.

The following further clarifies the definition of consent:

  • Each participant in a sexual encounter is expected to obtain and give consent to each act of sexual activity. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
  • If at any time it is reasonably apparent that either party is hesitant, confused or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.
  • Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
  • Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
  • Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
  • An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware or otherwise physically helpless is considered unable to give consent. For example, one who is asleep or passed out cannot give consent.

2. Coercion: Consent cannot be given if it results from the use or threat of physical force, intimidation, or any other factor that would eliminate an individual's ability to exercise his/her own free will to choose whether or not to have sexual contact. Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm, severe and/or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. A person's words or conduct amount to coercion if they wrongfully impair the other's freedom of will and ability to choose whether or not to engage in sexual activity. Coercion also includes administering a drug, intoxicant or similar substance that impairs the person's ability to give consent.

3. Incapacitation: An individual who is incapacitated is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if he/she demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.

An individual in a blackout state may or may not meet the definition of incapacitation. Such an individual may appear to act normally but may not have later recall of the events in question. The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity, and the other person is unaware or reasonably could not have known of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.

Title IX Coordinator's Role
The College has a designated Title IX Coordinator to oversee its’ response to all reports of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking, to conduct training, and to coordinate compliance with the mandates of Title IX. The Title IX Coordinator is knowledgeable and trained in the College's policies and procedures, state and federal laws that apply to sexual misconduct and harassment, and the dynamics of sexual misconduct and harassment. The Title IX Coordinator is available to meet with any individual to discuss the options for resolving a report under this policy.

The name and contact information for the SJR State College Title IX Coordinator can be found on the College website (SJRstate.edu) and on the Sexual Misconduct Policy Resources Pages (see Appendix #5) maintained pursuant to this policy.

Reporting
The College encourages all students to report information about any type of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking involving a student, staff or faculty member. Faculty and staff, other than those outlined in this policy as confidential resources, are required to report information about any type of sexual misconduct or harassment of which they become aware. An incident does not have to occur on campus to be reported to the College. Off-campus conduct that adversely affects or has the potential to adversely affect the SJR State community also falls under this policy. The College will promptly respond to all reports of sexual misconduct and harassment.

The College provides resources to both the reporting party and responding party in making decisions, obtaining information about options under this policy, and assists both parties in the event that a report of sexual misconduct and/or harassment is made.

Ways to File a Report:
Title IX Coordinator: The Title IX Coordinator is available to receive a report of sexual misconduct or harassment, 386-312-4074.

Campus Safety and Security: The opportunity to file a report with the College is available 24 hours a day, seven days a week by calling Campus Safety and Security:

  • Orange Park Campus: 904-626-5885
  • Palatka Campus: 386-937-2052
  • St. Augustine Campus: 904-626-5956

A report can also be made to a Campus Security Authority (Campus Security Authorities include Campus Safety and Security Officers, Counselors, Student Activity Coordinators, Athletic Coaches, College club advisors and certain College Administrators).

A reporting party or third party can request a Campus Safety and Security officer to respond and take a report.

Community Standards and Responsibility: An individual can file a report with the College by utilizing the Silent Witness Form posted on the Campus Safety and Security’s website.

Local Law Enforcement: A reporting party may file a report with the local law enforcement agency (depending on location of incident).

Coordination with Law Enforcement
Because the goals and objectives of the College's to sexual misconduct/ harassment, domestic/dating/physical violence, and/or stalking policy differ from those of the civil and criminal justice systems, proceedings under the College's sexual misconduct/ harassment, domestic/dating/physical violence, and/or stalking policy are independent of civil and criminal processes and may be carried out prior to, simultaneously, or following civil or criminal proceedings off-campus. On-campus investigation and response does not preclude, limit or require a student's or employee's access to the state and federal justice system.

Notifying the local law enforcement will generally result in the reporting party and, in some cases the responding party, being contacted by a police officer. Law enforcement determines if a criminal investigation will occur and if the case will be referred for prosecution. A case not referred for criminal prosecution will still receive a College response.

Under Florida state law, sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking (as described in the definitions above) may constitute a criminal act. However, the College conducts investigations and renders resolutions in an educational, non-criminal context. An act not criminally prosecuted may still violate College policy. To the extent permitted or required by law, the College will cooperate with outside investigators. However, outside law enforcement agencies do not respond to Title IX violations and respond only to allegations of criminal behavior. As a result, the College encourages reporting to both the College and to local law enforcement if the alleged sexual misconduct may also be a crime.

The College process and the criminal justice process are two separate and independent courses of action. If a reporting party wishes to file a report with local law enforcement, a SJR State staff member is available to assist. The College will not file a police report about the incident on the reporting party's behalf unless compelling circumstances, as outlined in the statement of privacy and confidentiality section, exist. The College's response to a report is not impacted by the reporting party's decision to file a criminal complaint or the outcome of the criminal investigation.

Amnesty
Our goal is that all individuals report all incidents of sexual misconduct/harassment, domestic/dating/physical violence, and/or stalking so that those affected can receive the support and resources needed. Therefore, violations of the College's alcohol and illegal substances policies by a reporting party may be exempt from disciplinary action in situations where sexual misconduct or harassment also occurs. However, the College may initiate an educational discussion about the use of alcohol or drugs and their impact.

Statement Against Retaliation
Although SJR State acknowledges that extreme emotions and stress often accompany incidents of sexual misconduct and harassment, the College does not condone any person engaging in any type of retaliation. The College views retaliation complaints with great seriousness. All individuals are strongly encouraged to report any concerns about retaliation to the Title IX Coordinator, Vice President for Student Affairs/Assistant General Counsel, Director of Campus Safety and Security, and the Senior Vice President/General Counsel and Executive Director, PAC/General Counsel. The College will respond to reports of retaliation. Retaliation is a distinct category of prohibited conduct under this policy.

False Reports
Submitting of a good faith complaint, concern or report of harassment will not affect the reporting party's employment, grades, academic standing, or work assignments. However, an individual found to have made a false complaint or to have knowingly and willingly given false information during an investigation will be subject to disciplinary action.

Interim Measures to Protect Safety and Well-Being
After a report is made or the College is placed on notice, the College will provide interim support and reasonable protection against further acts of misconduct, harassment or retaliation as well as provide services and resources to provide a safe educational and employment environment. For a listing of services and resources that may be offered, see the “Campus and Community Resources” section in the Appendix. The College will determine the necessity and scope of any interim measures.

The range of interim measures includes:

  • No contact order: The reporting party or responding party may request, or the College may impose, communication and contact restrictions to prevent further potentially harmful interaction.
  • Academic, Employment, or Living Arrangements: The reporting party or responding party may request a change in academic, employment or, if relevant, living arrangements. Upon request, the College will inform the reporting party or responding party of the options and will accommodate the request if those changes are reasonably available. In some cases, the College may initiate these changes without a request. These may include, but are not limited to:
    • Changing class or work schedule, including the ability to withdraw from a course without penalty;
    • Limiting access to certain College facilities or activities pending resolution of the matter;
    • Granting a voluntary leave of absence;
    • Providing an escort to ensure safe movement between classes and activities; and/or
    • Providing academic support services.

Emotional Support: The College will provide counseling services through student and employee assistance programs. For further information, see the Resources pages maintained in the Appendix pursuant to this policy.

Procedures for Resolving Sexual Misconduct/Harassment, Domestic/Dating/Physical Violence or Stalking Reports:
The College will respond promptly and equitably when any incident of sexual misconduct/ harassment, domestic/dating/physical violence, and/or stalking is alleged against a faculty, staff, or student. This includes a direct complaint or if the College becomes aware of the situation by other reliable means. The College's response may take a number of forms within its discretion. This includes offering reasonable protection and services to the complainant or others, conducting a Title IX inquiry or review, conducting an investigation, and imposing corrective action.

The Title IX investigator will conduct the investigation. Prior to the investigation, both parties will have the opportunity to meet individually with the Title IX Coordinator to review the investigation process. During the investigation, both the reporting party and the responding party will have the opportunity to be heard and to respond, the opportunity to have an advisor present during investigation meetings, and the opportunity to provide names of relevant witnesses. The reporting party and the responding party will not be in the same room at the same time during the investigation process.

During the investigation process, the Title IX Investigator will determine whether information concerning the prior sexual history of either party is relevant. In general, in a case where the responding party raises consent as a defense, any prior consensual relationship between the parties may be relevant. Any other prior sexual history of the reporting party is typically not relevant and may not be permitted. Prior sexual history of the responding party may be relevant where there is evidence of a pattern of misconduct that may be relevant in the determination of responsibility assigning of corrective action.

At the conclusion of the investigation, the investigator will determine responsibility based on the relevant information presented during the investigation and the unique facts of the case. The level of proof necessary to support a finding of responsibility is "more likely than not".

If the responding party is found responsible, the College will determine corrective action. If the responding party is a student or student organization, the Vice President for Student Affairs/Assistant General Counsel will determine the corrective action (also referred to as sanctions). A student found responsible for a violation of the Sexual Misconduct and Harassment Policy could receive any of the following sanctions: Warning, Probation, Loss of Privileges, Fines, Restitution, Discretionary Sanctions, or College Suspension. In some cases, a student found responsible may be expelled from the College. If the responding party is an employee, the Employee’s Supervisor in conjunction with the Title IX Coordinator will determine the corrective action which could result in termination of employment.

Specific to this policy, both the reporting party and the responding party are given the opportunity to appeal the outcome of the investigation. The appeal will be reviewed by a Vice President of the College's choosing. Prior to an appeal, if either party believes that there is new evidence or relevant facts that were not brought out in the investigation, which may be sufficient to alter the finding, they may make a request that this information be considered. Appeals may be based on the following grounds:

  • Procedural misconduct during the investigation.
  • The sanction(s) imposed is/are inappropriate for the violation of College policy.
  • The preponderance of evidence standard was or was not met.

The College will inform both the reporting party and responding party in writing of the outcome of the investigation and the appeal process.

If the report includes multiple alleged policy violations, multiple processes may be used (i.e., Title IX investigation process and the College grievance procedure). The College will determine which process(es) will be used. If multiple processes are used, the College will also determine the order of the processes.

If the responding party serves in multiple capacities at the College (i.e., student and employee), the College will determine which office will determine corrective action. In some cases, both offices may issue corrective action.

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Sexual Misconduct Policy Resources


As of August 14, 2020

What to do if you experience sexual misconduct/harassment, domestic/dating/physical violence or stalking:

Any member of the SJR State community who is affected by sexual misconduct/ harassment, and/or domestic/dating/physical violence, which includes, but is not limited to, sexual coercion sexual violence, sexual battery and stalking, is encouraged to immediately notify law enforcement and/or seek immediate medical attention. Campus Safety and Security can provide free transportation upon request.

The SJR State College Title IX Coordinator is Charles Romer, Director of Human Resources. Her office is located in the Administration Building (Office A145), and her mailing address is 5001 St. Johns Avenue, Palatka, Florida 32177. Her phone number is 386-312-4074, and her email is .

Emergency Response: 911 or Local Law Enforcement

  • Orange Park Campus (Clay County Sheriff’s Office - 904-264-6512)
  • Palatka Campus (Putnam County Sheriff’s Office -/Palatka Police Department, 328-329-0801)
  • St. Augustine Campus (St. Johns County Sheriff’s Office - 904-824-8304)

Health and Safety:

  • Orange Park Campus (Orange Park Medical Center - 904-639-8500)
  • Palatka Campus (Putnam Community Medical Center - 386-328-5711)
  • St. Augustine Campus (Flagler Hospital - 904-819-5155)

Campus Assistance:

  • Orange Park Campus Officer on Duty - 904-626-5885
  • Palatka Campus Officer on Duty - 386-937-2052
  • St. Augustine Campus Officer on Duty - 904-626-5956

Resources, Support and Reporting Options:
All individuals are encouraged to make a prompt report to the College so that the College can take appropriate action to eliminate the misconduct or harassment, prevent its reoccurrence, and address its effects. An individual may seek support and assistance from the confidential resources listed below without triggering a report to the College. Alternatively, an individual who chooses to make a report of sexual misconduct/harassment, domestic/dating/physical violence or stalking to the College should use the reporting options below. While we recognize that individuals may report sexual misconduct or harassment to any College employee, we encourage reporting to those individuals who are specifically trained in responding to allegations of sexual misconduct and harassment.

Confidential Resources and Support:

  • Employee Assistance Program (Employees): 1-800-624-5544
    website: www.ndbh.com, login: SJRSC
  • Florida Department of Health Violence Intervention and Prevention Program: 1-888-956-RAPE (7273)
  • Behavioral Health Services:
    • Palatka Campus- Stewart Marchman Behavioral Health Care- 386-329-3780
    • Orange Park Campus- Clay Behavioral Health Center- 904-291-5561
    • St. Augustine Campus- EPIC Behavioral Healthcare- 904-829-2273
  • National Sexual Assault Hotline: 1-800-656-HOPE (4673)
  • Florida Coalition Against Domestic Violence Hotline (800-500‐1119)
  • Florida Coalition Against Domestic Violence TTY Hotline (800-621‐4202)
  • National Domestic Violence Hotline (800-799‐SAFE (7233)
  • Lee Conlee House, Inc., Domestic Violence Center, Palatka (386) 325-3141)
  • Florida Department of Health, Palatka (800-440‐0420 or (386-326‐3200)
  • Quigley House, Domestic Violence Center, Clay County (904-284‐0061)
  • Betty Griffin House, Domestic Violence Center, St. Johns County, (904-824‐1555)
  • National Dating Abuse Helpline and Love is Respect (866-331-9474 or text 77054 or www.loveisrespect.org)

Non-Confidential Resources, Support and Reporting Options:

  • Campus Assistance:
    • Title IX Coordinator: (386) 312-4074
    • CARE Counselor (386) 312-4305
    • Orange Park Campus Security -904-626-5885
    • Palatka Campus Security - 386-937-2052
    • St. Augustine Campus Security - 904-626-5956
  • Senior Vice President / General Counsel: (386) 312-4127
  • Executive Vice President/General Counsel: (386) 312-4106

Order of Protection:

  • Local Law Enforcement Victim Advocate:
    • Palatka Campus - Putnam County Sheriff’s Office - 328-329-0801
    • Orange Park Campus - Clay County Sheriff’s Office - 904-264-6512
    • St. Augustine Campus - St. Johns County Sheriff’s Office - 904-824-8304
  • State Attorney’s Office Victim Advocate:
    • Palatka Campus - 386-329-0259
    • Orange Park Campus - 904-284-6319
    • St. Augustine Campus - 904-823-2300
  • Clerk of Court Victim Advocate:
    • Palatka Campus - 386-326-7640
    • Orange Park Campus - 904-269-6363
    • St. Augustine Campus - 904-819-3600

Campus and Community Resources
The College is committed to treating all individuals with dignity, care and respect. The reporting party and responding party will have equal access to support and counseling services through the College. Additional resources are available on the Palatka, Orange Park, and St. Augustine campuses. All parties are encouraged to utilize on or off campus resources for assistance.

1. Health and Safety:
The first priority for any individual who has been assaulted is to get to a safe place. If there is continued threat or risk of danger, please call 911 or Campus Safety and Security: Orange Park Campus - 904-626-5885, Palatka Campus - 386-937-2052, and St. Augustine Campus - 904-626-5956. When necessary, seek medical attention. The following is a list of options of where to seek medical attention:
• Local hospital. The closest hospital to your campus:

  • Orange Park Campus - Orange Park Medical Center, 904-639-8500
  • Palatka Campus - Putnam Community Medical Center, 386-328-5711
  • St. Augustine Campus - Flagler Hospital, 904-819-5155

2. Confidential Resources:
The College recognizes that not every individual will be prepared to make a report to the College or local law enforcement. Students seeking to talk to someone about an incident of sexual misconduct or harassment confidentially without making a report to the College or triggering any investigation by the College can utilize confidential resources. These services include:

  • County Health Departments: Students may seek medical attention, Plan 8, STD/STI testing or seek answers to their questions and concerns by visiting the health center. Confidentiality laws protect the conversations you have with medical staff in the course of care or treatment. Putnam County: 386-326-3200, Clay County: 904-272-3177, and St. Johns County: 904-209-3250.
  • Silent Witness Report is available at: https://web.sjrstate.edu/apex/prod/f?p=SILENTWITNESS
  • A reporting party or third party can file
  • Employee Assistance Program (Employees): 1-800-624-5544
    website: www.ndbh.com, login: SJRSC
  • Florida Department of Health Violence Intervention and Prevention Program: 1-888-956-RAPE (7273)
  • Behavioral Health Care:
    • Palatka Campus- Stewart Marchman Behavioral Health Care- 386-329-3780
    • Orange Park Campus- Clay Behavioral Health Care- 904-291-5561
    • St. Augustine Campus- Epic Behavioral Health Care- 904-829-2273
  • National Sexual Assault Hotline: 1-800-656-HOPE (4673)
  • State Attorney’s Office Victim Advocate:
    • Palatka Campus (386-329-0259)
    • Orange Park Campus (904-284-6319)
    • St. Augustine Campus (904-823-2300)

Faculty and staff members can utilize the Employee Assistance Program for confidential counseling. Their website is www.ndbh.com, login SJRSC, and their phone number is 1-800-624-5544.

3. Other College Resources - Please be advised that the following resources may not be able to maintain your confidentiality:

  • Title IX Coordinator: The Title IX Coordinator is available to meet with any individual to discuss the options for filing and resolving a report, and offer interim measures to protect safety and well-being. The Title IX Coordinator ensures that the College responds to all reports timely, effectively, and consistently.
  • Campus Safety and Security: Assistance is available from the College 24 hours a day (Orange Park Campus - 904-626-5885, Palatka Campus - 386-937-2052, and St. Augustine Campus - 904-626-5956), seven days a week by calling Campus Safety and Security. They can provide transportation to the hospital, coordinate with local law enforcement (if needed), provide information about the College's resources, and take an initial report.
  • Campus Security Authorities: College faculty and staff members who have significant responsibility for student and campus activities are CSA’s. Campus Security Authorities include Campus Safety and Security Officers, Counselors, Student Activity Coordinators, Athletic Coaches, College Club Advisors and certain College Administrators.
  • Faculty and Staff: The College recognizes that an individual may choose to share information with any College staff or faculty member. With the exception of the confidential resources listed above, all College employees are required to elevate information to the Title IX Coordinator.
  • Vice President for Student Affairs/Assistant General Counsel (386) 312-4127: The Vice President for Student Affairs/Assistant General Counsel can provide students with information about the College's resources and report process and offer interim measures to protect safety and well-being.
  • Human Resources Director (386) 312-4074: The Human Resources Director can provide employees with information about the College's resources and complaint process and offer interim measures to protect safety and well-being.

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SJR State Grievance Procedures

SJR State’s Grievance Procedure is in development and will comply immediately with the requirements of the amendments to Title IX

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Investigative Report and Hearing (if required)

Title IX regulations state the institutions must “create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing (if a hearing is required under this section or otherwise provided) or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. The report must convey relevant information about the allegations to the parties and their advisors.

Further, the regulations state that:
“…the decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, notwithstanding the discretion of the recipient under paragraph (b)(5)(iv) of this section to otherwise restrict the extent to which advisors may participate in the proceedings. At the request of either party, the recipient must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions. Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant, thus implying that a school may require that questions be submitted in advance. If a party does not have an advisor present at the live hearing, the recipient must provide without fee or charge to that party, an advisor of the recipient’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. Live hearings pursuant to this paragraph may be conducted with all parties physically present in the same geographic location or, at the recipient’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. Recipients must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.”

A sample investigative report template follows:

Report of Investigation - DATE of REPORT: __/__/__

Date Complaint Received:

Complainant:

Respondent(s): Person or Persons named in the complaint

Issue: Brief Summary of the issue (attach a copy of complaint - if appropriate)

Background: Detailed information about the complaint and investigation. Phone calls, meetings, interviews, etc.

Additional Information and Research:
Any additional documents, procedures that address the nature of the complaint, relevant research data, etc.

Findings:

  1. On the allegation that ______________________________ I/we do or do not have reasonable cause to believe that __________________________________.

Recommendations:
The findings indicate that there is/is not reasonable cause to believe that __________________________(racial discrimination, harassing behavior, religious discrimination etc.) in the case of ______________ who/what_____­­­­­­­­ the complaint has shed light on some areas for improvement. (has it? Or not) As a result, the following recommendations are made:

Dated this ___ day of ___________________, 2019.
Reported and respectfully submitted by:
Charles Romer, Title IX Coordinator/Equity Officer

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SJR State Civil Rights Compliance Annual Public Notification

St. Johns River State College, an open-access, public institution of higher education in Northeast Florida, promotes excellence in teaching and learning to enrich the lives of its students and strengthen its community. The College offers certificates, associate and baccalaureate degrees, and provides high-quality education, training, and cultural opportunities to encourage scholarly achievement. St. Johns River State College creates a supportive learning environment that includes services and resources to enable students to meet their educational goals.

St. Johns River State College’s degree programs include the Associate in Arts, Associate in Applied Science, Associate in Science and Bachelor’s degrees. The College also offers numerous college credit and vocational certificate programs.

St. Johns River State College maintains an “open door” admission policy. Applicants are considered on the basis of their qualifications without regard to race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status. State law establishes certain minimum requirements for admission to college credit academic courses. These requirements ensure, as far as possible, that students will be successful in their academic work. Information on admissions can be found at https://www.sjrstate.edu/admissions.html.

St. Johns River State College does not discriminate against any person in its programs, activities, policies or procedures on the basis of race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status. All questions or inquiries regarding compliance with laws relating to non-discrimination and all complaints regarding sexual misconduct or discrimination, may be directed to the Title IX Coordinator/Equity Officer, Charles Romer, Director of Human Resources, St. Johns River State College, 5001 St. Johns Avenue, Palatka, Florida, 32177; 386-312-4074.

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