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Title IX

ADDITIONAL INFORMATION:

Sexual Misconduct Policy

Title IX of the Education Amendments of 1972 states:

Title IX of the Education Amendments of 1972 is an all-encompassing federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. 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 education program or activity receiving federal financial assistance.

Reporting sexual misconduct

SEXUAL MISCONDUCT MAY ALSO BE REPORTED TO LAW ENFORCEMENT

Individuals experiencing Sexual Misconduct may also file an anonymous report by using the Incident Report.

Individuals who choose to file anonymous reports are advised that it may be difficult or impossible for the College to follow up or take action based on anonymous reports. Anonymous reports without personally identifiable information, however, may be used for purposes of compliance with Ferrum’s obligations under the Clery Act.

Because Sexual Misconduct may in some instances constitute both a violation of College policy and a crime, and because Ferrum College’s Complaint process is not a substitute for initiating legal action, Ferrum encourages individuals experiencing Sexual Misconduct to also report it to law enforcement authorities.

  • Individuals may seek emergency assistance or initiate a criminal complaint directly with local law enforcement agencies by dialing 911.
    Ferrum College Police may be contacted at (540) 365-4444. Ferrum Police are available 24 hours a day, 7 days a week.
  • It is important to note that filing a report or otherwise contacting Ferrum College’s Police Department does not require the filing of criminal charges.
  • Individuals may inform law enforcement authorities about Sexual Misconduct and discuss the matter with a law enforcement officer without making a formal criminal complaint (or filing a Complaint or Formal Complaint of alleged Sexual Misconduct with the Title IX Officer). Individuals who make a criminal complaint may also choose to pursue a Title IX Complaint or Formal Complaint with the College simultaneously.
  • A criminal investigation into the matter does not preclude the College from conducting its own investigation (nor are the facts or results of a criminal investigation necessarily determinative of whether the alleged conduct violates this Policy or any other Ferrum College policy). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence or for other good cause as determined by the Title IX Coordinator. In the event of such a delay, Ferrum may implement Supportive Measures and accommodations it deems necessary and appropriate to ensure the safety and well-being of the parties and/or the Ferrum community.

Individuals experiencing Sexual Misconduct may choose not to report Sexual Misconduct to anyone. Ferrum respects and supports the individual’s decision with regard to reporting; however, if information about Sexual Misconduct comes to the attention of the Title IX Coordinator the College may (1) start an investigation even in the absence of a Complainant; and (2) notify appropriate law enforcement authorities if required or warranted by the nature of the information of which it becomes aware. Ferrum College may determine that the Sexual Misconduct Policy has been violated and impose appropriate sanctions based upon an investigation stemming from a Complaint or other information brought to the attention of the College.

Any College employee (faculty, staff, or student) who receives information indicating that another member of the campus community (faculty, staff, or student) has been the victim of Sexual Misconduct must report this information to the Title IX Coordinator. The only exceptions to this reporting obligation are employees who have a confidential relationship with the alleged victim that is recognized by law, such as Counseling Center staff and campus ministers (clergy).

Non-Discrimination Statement

Ferrum College does not discriminate on the basis of race, religion, color, national origin, age, veteran status, sex, gender identity/expression, sexual orientation, pregnancy, disability, or any other protected status (identified in federal or state law) in its programs and activities including, but not limited to, admission to, access to, treatment in or employment in, any of its programs and activities.

It is the responsibility of every employee of the College to assist in creating and supporting a work and learning environment that is free of harassment and discrimination.

Ferrum College provides equal access to its programs and activities to all persons. The Title IX Coordinator has been designated to handle any and all inquiries regarding this statement of discrimination as it pertains to sex, gender identity/expression, its application, and related policies.

The following are examples of sex-based discrimination prohibited by Title IX:

Refer to website for Office for Civil Rights, U.S. Department of Education

U.S. Department of Education

Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Office: (800) 421-3481
Fax: (202) 453-6012
Email: OCR@ed.gov
For up-to-date information, please visit the following website: Office for Civil Rights.

Complete USDA Program Discrimination Complaint Form

U.S. Department of Agriculture

Director, Center for Civil Rights Enforcement
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Office: (866) 632-9992
Fax: (202) 690-7442
Email: program.intake@usda.gov
For up-to-date information, please visit the following website: Office of the Assistant Secretary for Civil Rights.

Refer to website for the EEOC, U.S. Department of Labor

EEOC, U.S. Department of Labor

Richmond Local Office
400 N. Eight Street, Suite 350
Richmond, VA 23219
Office: (800) 669-4000
Fax: (804) 771-2224
Email: info@eeoc.gov
For up-to-date information, please visit the following website: Equal Employment Opportunity Commission.

The student handbook provides definitions that clarify key terminology as used in this policy. Click here to view the terminology.

In order to encourage reports of conduct that is prohibited under this policy the College may offer leniency with respect to other violations that may come to light as a result of such reports, depending on the circumstances involved.

Standard of confidentiality (applicable to all complaints)

The College will respect and will make every feasible effort to properly preserve the confidentiality of the information shared by and the identities of the parties involved in Sexual Misconduct matters.

In order to comply with FERPA and Title IX and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, the Investigation and any information related to the College’s involvement in this process are not available to the general public. Documents prepared or received by the College, including but not limited to the Complaint, written statements, the Investigators’ notes, and the Final Report will not be discoverable or disclosed unless required or authorized by law.

In keeping with this respect for confidentiality, information regarding alleged Sexual Misconduct will generally be disclosed by College personnel only as follows:

  • The College’s Responsible Employees will (and are obligated to) promptly report information regarding alleged Sexual Misconduct to the Title IX Coordinator. The Responsible Employee must promptly report to the Title IX Coordinator all relevant details about the alleged Sexual Misconduct shared by the Complainant.
  • College personnel will (and are obligated to) handle information regarding alleged Sexual Misconduct in accordance with applicable local, state, and federal laws. For example, under conditions of potential imminent harm to the community, the College may be required by federal law to inform the community of the occurrence of the alleged incident of Sexual Misconduct. Similarly, information regarding the alleged Sexual Misconduct may be used as an anonymous report for data collection purposes under the Clery Act.
  • College personnel may report alleged Sexual Misconduct to local law enforcement if warranted by the nature of the allegations at issue.
  • College administrators will share information regarding alleged Sexual Misconduct, as appropriate and necessary, in order to address and resolve the Complaint at issue, prevent the recurrence of similar Sexual Misconduct, and address the effects of the Sexual Misconduct.

Please note that the College cannot control disclosures by students or third parties.

confidential professional and pastoral counselors

Professional and Pastoral Counselors. Individuals may discuss alleged Sexual Misconduct in strict confidence with the College’s professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the College community. These individuals are not required to report any Personally Identifiable Information about an incident without a Complainant’s permission. The information may be reported as required by law, as may be the case with alleged Sexual Misconduct involving a minor or under conditions of imminent physical harm, for example.

At Ferrum College the Professional and Pastoral Counselors are the College Counselor and the Campus Minister.

College employees who are not defined as Professional and/or Pastoral Counselors are considered Responsible Employees. Communications made to Responsible Employees and others are not entitled to the same confidentiality protections as those made to Professional and/or Pastoral Counselors.

Anonymity. If information regarding alleged Sexual Misconduct is shared with a Responsible Employee, the Responsible Employee is obligated to report that information to the College’s Title IX Coordinator or the Title IX Deputy Coordinator.

If the individual to whom the information pertains desires that the Title IX Coordinator not share the information with the Respondent or with others, even as appropriate and necessary to address the allegations, such individual must request that the College apply Anonymity to such information. This request must be made to the Title IX Coordinator.

The College takes requests for Anonymity seriously; however, these requests may limit the College’s ability to conduct an Investigation into the incident or pursue disciplinary action against the Respondent. The College, therefore, must weigh such requests against the College’s obligation to provide a safe, nondiscriminatory environment for all students.

The Title IX Coordinator has the authority to evaluate requests for Anonymity and may seek advice or input from any person(s) deemed appropriate in rendering a decision. Requests for Anonymity may be weighed against the following standards:

  • the seriousness of the alleged Sexual Misconduct,
  • the alleged Complainant’s age,
  • whether there have been other Complaints of Sexual Misconduct against the Respondent,
  • the Respondent’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA, and
  • the applicability of any laws mandating disclosure.
  • the seriousness of the alleged Sexual Misconduct,
  • the alleged Complainant’s age,
  • whether there have been other Complaints of Sexual Misconduct against the Respondent,
  • the Respondent’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA, and
  • the applicability of any laws mandating disclosure.

Although rare, there are times when the College may not be able to honor a Complainant’s request for Anonymity. The Title IX Coordinator will inform the person requesting Anonymity of the College’s limitations on maintaining Anonymity and whether the College intends to pursue investigation and/or resolution in spite of the person’s request.

The College will remain ever mindful of the Complainant’s well-being, and will take the following steps as needed:

  • Assist the Complainant in accessing available victim advocacy; academic support; counseling; disability, health, or mental health services; and other assistance both on- and off-campus.
  • Inform the Complainant of the right to report a crime to campus or local law enforcement and provide the Complainant with assistance if the Complainant wishes to report.
  • Take prompt action to limit the effects of the alleged Sexual Misconduct and to prevent its recurrence.

Section 504 Coordinator

The Section 504 Coordinator has been designated to handle any and all inquiries regarding this statement of discrimination as it pertains to disability discrimination, disability accommodations, its application, and related policies.

Local Law Enforcement Agencies can be reached by calling 911.

Carilion Franklin Memorial Hospital is located at 180 Floyd Avenue in Rocky Mount. The Emergency Department can be reached by calling (540) 483-5277.

Carilion Roanoke Memorial Hospital is located at 1906 Belleview Avenue, SE, in Roanoke. The Emergency Department can be reached by calling (540) 981-7000.

Franklin County Family Resources Center may be contacted at (540) 483-1234 or through their website at www.franklincountyva.org/shelter.

Sexual Assault Response and Awareness, Inc. (SARA) runs a 24-hour hotline that can be reached at (540) 981-9352. You can also visit them online at www.sararoanoke.org.

Contact Listen Line is a 24-hour counseling hotline that can be reached at 1-877-WEHELP6 or 1(877) 934-3576.

The U.S. Government website www.notalone.gov/students offers links for additional information and resources.

It is crucial that you obtain medical attention as soon as possible after a sexual assault to determine the possibilities of physical injury, to prevent or treat sexually transmitted diseases, and/or to screen for the presence of sedative drugs such as Rohypnol or GHB (date-rape drugs). College staff can help you contact a support person, such as a family member, friend, or roommate.

If you choose to have an evidence collection kit (or “rape kit”) completed, it is important to do so within 120 hours of an assault. Even if you have not decided to file charges, it is advisable to have the evidence collection kit completed so that you can preserve the options of obtaining a protective order and/or filing criminal charges at a later date.

In order to best preserve evidence for an evidence collection kit, it may be advisable to avoid showering, bathing, going to the bathroom, or brushing your teeth before the kit is completed. You should also wear (or take with you in a paper – not plastic – bag) to the hospital the same clothing that you were wearing during the assault. An evidence collection kit can still be completed even if you have showered or bathed.

Local options for emergency medical care and collection of personal evidence include:

Carilion Franklin Memorial Hospital, located in Rocky Mount (540) 483-5277
Carilion Roanoke Memorial Hospital, located in Roanoke (540) 981-7000
Tri-Area Community Health Center, located in Ferrum (540) 365-4469

Frequently asked questions

Who is covered by Title IX?

Educational institutions that receive federal financial assistance are covered by Title IX. If only one of the institution’s programs or activities receives federal funding, all of the programs within the institution must comply with Title IX regulations. In compliance with Title IX, Ferrum College prohibits discrimination in employment as well as in all programs and activities on the basis of sex.

Are pregnant students covered by Title IX?

Yes, Title IX makes it illegal to discriminate on the basis of sex, which includes discrimination on the basis of pregnancy, childbirth, false pregnancy, miscarriage, abortion, or related conditions, including recovery. Title IX also ensures the right to take medically necessary leave and to be free of harassment, intimidation, or other discrimination because of pregnancy-related conditions.

Who Enforces TItle IX?

The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at www.ed.gov/about/offices/list/ocr/index.html.

What to say to a survivor?

I’m sorry this happened to you.
It wasn’t your fault.
Thank you for telling me.
Can I do anything for you?
How can I support you?

What NEVER to say to a survivor?

It was your fault.
You could have avoided it had you _________ (e.g. been sober, stayed with your friends, locked your door, not led him/her on).
You should not have ________ (e.g. walked alone at night, dressed provocatively, gone to his/her room, had so much to drink, kissed him/her).
It’s been so long! Get over it!
You wanted it.
It’s not that big of deal; it happens to lots of people.
I don’t believe you.
He/she is such a nice person and couldn’t have done something like that.
What did you do to provoke him/her?
If you report him/her, you will ruin his/her future.
You should have fought back.
I would have ________ (done something differently than the survivor, e.g. fought back, ran away, screamed, called the police).

Dos and Don’ts?

DO respect the survivor enough not to pity him/her.
DON’T assume s/he does/does not want to be touched. Some people can’t stand a hug at this point. Others can’t make it without one. Ask before touching.
DO comfort her/him. Make the environment comfortable.
DON’T try to solve all of their problems for him/her. S/he has had his/her control taken away. Try to avoid doing that again.
DO allow her/him to tell them as much or as little as they need.
DON’T assume you know how the survivor feels.

Suggestions on how to help a survivor?

Refer the survivor to the College’s Title IX website.
Offer to gather information about options and who may be able to help.
Be willing to say nothing. If you don’t know what to say, that’s okay. The most powerful statement a friend can make is by simply being there, not trying to fix everything or pretending it’s okay. Silence often says more than words.
Do not judge the survivor. An individual is likely examining him or herself very critically during this time. No matter what his/her behavior was prior to the assault, s/he is NOT responsible – the perpetrator is.
Do not attempt to impose your explanation of why this has happened or try to “fix” the situation. You don’t have to fix the situation; you just have to be supportive.
Remind survivors that their feelings are understandable.
Do not attempt to reassure the person that everything is “Okay” or tell him/her you know how s/he feels. 
Do offer to gather information about who may be able to help.
Do not feel intimidated by the intense emotions of survivors.
Encourage the survivor to seek counseling and post-trauma services. 
Find your own support. You are also affected by this situation. You can’t support someone else if you aren’t supported as well. You cannot expect the survivor to provide support for you; find other friends, support people, or counseling to share your own feelings related to what happened to your friend.

What measures are implemented to protect the Complainant, respondent, and/or the college community?

Reasonably available interim measures designed to support and protect the Complainant, the Respondent, and/or the College community may be considered or implemented at any time. Interim measures may include, but are not limited to the following:
no-contact order,
academic or work schedule alteration,
academic accommodations,
change in housing,
leave of absence
immediate interim suspension, or
increased monitoring of certain areas of the campus.
The College will share information about protective measures with others if it is necessary in order to implement the protective measures.

Meet the Staff

Headshot of Ferrum College staff Todd Hill.

Todd Hill

Interim Vice President of Compliance, Personnel and Operations & Title IX Coordinator
Placeholder photo for Madison Collie

Madison Collie

Personnel Manager & Deputy Title IX Coordinator
Placeholder photo for Aliyah Johnson

Aliyah Johnson

Human Resources Specialist & Title IX Investigator

Contact Info

Address:
Richeson Hall
Ferrum, VA 24088