Title IX

Reporting Contacts
St. Petersburg College Title IX Office:
Dr. JoCynda Hudson
Title IX Coordinator / EEO Officer
P.O. Box 13489, St. Petersburg, FL 33733-3489
727-341-3261
SPCTitleIX@spcollege.edu

To file a formal incident report regarding sexual harassment, sexual assault, or any sexual misconduct, please complete the appropriate form below. In response to the completed form, SPC’s Title IX Office will contact you.

For more information about an informal process please see BOT Rule/Procedure

Non-Emergency Information

On a College Campus/Centers: Contact campus security dispatch at

• From a college phone dial extension 2560
• From cell or other phones dial 727-791-2560

Inquiries or complaints concerning implementing regulations for Title IX, Section 504 and other civil rights laws may also be referred to the Office for Civil Rights, 61 Forsyth Street S.W., Suite 19T10, Atlanta, GA  30303-8927; Telephone: 404-974-9406; Email: OCR.Atlanta@ed.gov

St. Petersburg College has a strong commitment to keeping its workplaces and classrooms free from sexual harassment. The responsibility for doing so rests with each member of the college community.

SPC's policy on sexual harassment
A student or employee in violation of the SPC's Sexual Harassment Policy is subject to disciplinary action, including dismissal or termination. View Rule. View Procedure.

Ready to help
The Title IX office will help members of the SPC community who report any incident of sexual harassment. SPC wants each student and employee to have an educational or work environment free from sexual harassment.

For emergencies, please dial 911 or Campus Safety at 727-791-2560.

Reporting Contacts
St. Petersburg College Title IX Office: Dr. JoCynda Hudson, Title IX Coordinator / EEO Officer, 727-341-3261 or SPCTitleIX@spcollege.edu

To file a formal incident report regarding sexual harassment, sexual assault, or any sexual misconduct, please complete the appropriate form below. In response to the completed form, SPC’s Title IX Office will contact you.

For more information about an informal process, please see the BOT Rule/Procedure.

• SPC Policy
• Community Resources
• Titan Care Resources

Inquiries or complaints concerning implementing regulations for Title IX, Section 504 and other civil rights laws may also be referred to the Office for Civil Rights, 61 Forsyth Street S.W., Suite 19T10, Atlanta, GA  30303-8927; Telephone: 404-974-9406; Email: OCR.Atlanta@ed.gov

Under Title IX of US Education Amendments of 1972 (Public Law No. 92-318, 86 Stat. 235), it is illegal to exclude a pregnant student from participating in any part of an educational program or activity of the College.  The Florida Civil Rights Act, Florida Statutes, 760.01, also prohibits discriminatory treatment of pregnant woman in employment, housing, education and public accommodation.

St. Petersburg College (SPC) is committed to conducting all activities with integrity and transparency embracing ethical standards to maintain compliance with all applicable laws, regulations, rules, and college policies.

St. Petersburg College is committed to preventing sexual violence and sexual harassment on all of its campuses by providing resources to educate students and employees. If you experience any form of sexual misconduct, including unwelcome sexual advances, sexual assault, dating violence, domestic violence, or stalking, on campus or at any College-sponsored activity, we are here to help.

Reporting Contacts
St. Petersburg College Title IX Office: Dr. JoCynda Hudson, Title IX Coordinator / EEO Officer, 727-341-3261 or SPCTitleIX@spcollege.edu

Inquiries or complaints concerning implementing regulations for Title IX, Section 504 and other civil rights laws may also be referred to the Office for Civil Rights, 61 Forsyth Street S.W., Suite 19T10, Atlanta, GA  30303-8927; Telephone: 404-974-9406; Email: OCR.Atlanta@ed.gov

To file a formal incident report regarding sexual harassment, sexual assault, or any sexual misconduct, please complete the appropriate form below. In response to the completed form, SPC’s Title IX Office will contact you.

For more information about an informal process, please see the BOT Rule/Procedure.

Title IX, Sexual Harassment, and Sexual Misconduct Grievance Procedure
This information should be read by the entire college population because all can be victims of sexual misconduct. This section constitutes the policy of the Board of Trustees (BOT) of St. Petersburg College on Title IX, Sexual Harassment, and Sexual Misconduct Grievances. This policy applies fully to all students and all employees (BOT Rule 6Hx23-4.332, Title IX, Sexual Harassment, and Sexual Misconduct Grievance, Rule, Procedure)

Sexual Harassment- to include certain types of unwelcome sexual conduct, sexual assault, dating violence, domestic violence, and stalking.

Sexual Misconduct- making sexual propositions or pressuring for sexual favors, touching, writing, gesturing, joking, rumors or ratings of sexual nature, activity or performance.

Sexual Assault/Violence- Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Pregnancy discrimination- is a Title IX offense on the basis of sex including pregnancy and parent status in educational programs and activities.

For additional information, please see 34 C.F.R. § 106.30.

Quid Pro Quo (This For That)
Occurs when offers of education, employment participation or benefits are linked to sexual favors. These offers may be made explicitly or implicitly, but the outcomes or conditions must be unwelcome. Harassment exists whether the student or employee resists and suffers the threatened consequence or submits and avoids the consequence.

Hostile Environment
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that are sufficiently severe, persistent or pervasive create a hostile or offensive educational or working environment. This adversely affects a person's education or job.

Off-color jokes, sexually explicit discussions, graffiti, pictures, sexually explicit reading materials, e-mails and computer screens may create a hostile environment, particularly when there are power differentials between the individuals.

Hostile Sexual Misconduct
Hostile sexual misconduct exists where individuals are subjected to unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. The sexual offers or misconduct may be made by a student, employee or third party.

St. Petersburg College affirms its equal opportunity policy in accordance with the provisions of the Florida Educational Equity Act and all other relevant state and federal laws, rules and regulations. The College will not discriminate on the basis of race, color, ethnicity, religion, sex, age, national origin, marital status, pregnancy, sexual orientation, gender identity, genetic information, or against any qualified individual with disabilities in its employment practices or in the admission and treatment of students.

The Florida Civil Rights Act, Florida Statutes, 760.01, also prohibits discriminatory treatment of pregnant woman in employment, housing, education and public accommodation.

The prohibition against sex discrimination in education is found, among other places, at Title IX of the Education Amendments Act of 1972 (“Title IX”). Title IX prohibits discrimination on the basis of sex—including pregnancy and related conditions—in educational programs and activities that are eligible for federal funding. This means that all students who are pregnant or have pregnancy related conditions must have the same access to school programs and education opportunities as all other students.

The guidance provided ensures that students or employees who are pregnant, or have recently given birth, or who are requesting academic or work-place accommodations and assistance in regard to pregnancy related conditions, receives appropriate academic and work-place support, considerations, and appropriate accommodations needed in the aforementioned matters.

Guiding Terms:

Classes and College Activities

Students have the right to continue participating in classes and extracurricular activities even though they are pregnant. This means that pregnant students can still participate in advanced placement and honors classes, college clubs, sports, honor societies, student leadership opportunities, and other activities/extracurricular programs operated at the college.

Students may participate in classes and extracurricular activities, including sports, even though they are pregnant, and will not be required to submit a doctor’s note to participate unless a doctor’s note is required from all students who have a physical or emotional condition requiring treatment by a doctor or hospitalization.

Excused Absences

In accordance with the College’s Procedure P6Hx23-4.30 (V), in the case of extended absences of a week or more, the student should notify, or have someone notify, the office of the associate provost.

If a student is absent from class due to pregnancy or pregnancy related conditions, the absence will be excused where documented as “medically necessary.” A student is required to notify their instructor to receive consideration in regard to excused absences which are medically necessary due to pregnancy or pregnancy related conditions.

When the student returns to school, they must be allowed to return to the same academic and extracurricular status as before medical leave began, which includes giving students the opportunity to make up any work missed while they were out.

An instructor or program may also offer alternatives to completing missed work, such as retaking a course or semester, online course options, or additional time to finish coursework and completion requirements after a period of leave. A student may determine how they will make up the work as long as it does not create an unreasonable burden to an educational program and is compliant with provisions of Title IX. Additionally, if a grade is based on class attendance, a student must be permitted to earn the credits they missed and be reinstated to the status they held prior to the leave.

Academic Accommodations

To ensure a pregnant student’s access to an educational format, when necessary, a program must offer accommodations that are reasonable and responsive to the student’s temporary pregnancy status. The Offices of Accessibility Services will assist to facilitate academic accommodations, as needed and under its policies, to a student who has a temporary medical condition related to pregnancy and childbirth.

Accommodations may vary depending on the circumstance of the pregnancy, medical documentation, as well as academic program. Examples include the provision of adequate seating and table space and allowance of frequent restroom breaks.

An instructor may inquire about a student’s limitations only when it pertains to the classroom and the student’s successful completion of the course, however, a pregnant student is not required to produce a doctor’s note to participate in any academic activity unless the same requirement is required of all students in that program or activity.

Nondiscrimination Policy and Resources

The College does not tolerate discrimination or harassment of any form, including harassment based on sex, gender or pregnancy, and will take prompt and effective steps reasonably calculated to end pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment. It is illegal and a violation of the College’s nondiscrimination policy to allow pregnancy-related harassment by employees, students, or third parties interfere with a student’s ability to benefit from or participate in classes, programs or student activities.

It is anticipated and expected that students will proactively communicate the situation with those at the College who can provide the needed adjustments and support.

• For questions or adjustments related to attendance, missed assignments, taking extra classroom breaks, etc., students should speak with their Instructor.
• For questions or special adjustments in the classroom such as a special desk or chair or accommodations for a temporary disability due to a pregnancy related condition, students should contact Accessibility Services on their campus. spcollege.edu/accessibility
• For questions or adjustments that may be related to a program of study, academic progress or other academic related matters, students should speak with the Academic Chair, Program Director and/or Dean.
• For other questions or concerns regarding Title IX compliance related to pregnant or parenting students at the College, contact Dr. JoCynda Hudson, Title IX Coordinator / EEO Officer, by emailing SPCTitleIX@spcollege. The College’s discrimination grievance process can also be located on SPC's EA/EO page

To file a formal incident report regarding sexual harassment, sexual assault, or any sexual misconduct, please complete the appropriate form below. In response to the completed form, SPC’s Title IX Office will contact you.

For more information about an informal process, please see the BOT Rule/Procedure.

More information on Title IX and pregnancy can be obtained from the US Department of Education, Office for Civil Rights  www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf

Reporting Contacts
St. Petersburg College Title IX Office: Dr. JoCynda Hudson, Title IX Coordinator / EEO Officer, 727-341-3261 or SPCTitleIX@spcollege.edu

Inquiries or complaints concerning implementing regulations for Title IX, Section 504 and other civil rights laws may also be referred to the Office for Civil Rights, 61 Forsyth Street S.W., Suite 19T10, Atlanta, GA  30303-8927; Telephone: 404-974-9406; Email: OCR.Atlanta@ed.gov

Coercion
Conduct or behavior that compels an action by intimidation, domination or an expressed or implied threat of physical or emotional harm that would reasonably place an individual in fear of harm and that is used to persuade a person to act.

Complainant
Any individual who is alleged to be the victim of sexual harassment.

Consent
Consent means intelligent, knowing and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” (F.S.794.011)

Coerced Submission

• “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
• “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
• “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
• “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.

Cyberstalking
Engaging in a course of conduct to communicate, or to cause to be communicated, words, images or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Dating Violence
Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Discrimination
Prejudicial treatment based on an individual's membership in a particular category. Types of discrimination include disparate treatment, disparate impact and retaliation.

Domestic Violence
Domestic Violence is defined as a felony or misdemeanor crime of violence committed:

• By a current or former spouse or intimate partner of the victim
• By a person with whom the victim shares a child in common
• By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
• By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
• By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Respondent
Any individual who is reported to be the perpetrator of sexual harassment.

Retaliation
Intimidating, threatening, coercing or discriminating against an individual for making a complaint, testifying, assisting or participating in an investigation, proceeding or hearing.

Sexual Harassment
Conduct on the basis of sex that satisfies one or more of the following:
(1) An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
(3) ‘‘Sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30).

Stalking
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for the person’s safety or the safety of others; or
• Suffer substantial emotional distress. For the purposes of this definition.
• Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes.  The Handbook for Campus Safety and Security Reporting 3-39 about a person or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Laws/Statutes
"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..." 20 U.S.C. § 1681 Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance. If only one of an educational institution’s programs or activities receives federal funding, all of the
programs within the institution must comply with Title IX and its implementing regulations.

Consistent with this obligation, St. Petersburg College prohibits discrimination and harassment on the basis of sex in academics, employment, and all of its programs and activities.

The United States Department of Education’s Office for Civil Rights (OCR) enforces Title IX. Information regarding OCR may be found at USDOE/OCR at ed.gov. The penalty for failure to comply with Title IX, in the most extreme circumstances, may include the termination of all or part of an institution’s federal funding. This includes grants, subsidies, and other program funds from the federal government.

In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistance operate in a nondiscriminatory manner.

Compliance with Title IX is everyone’s responsibility. The information provides an overview of who you may contact about Title IX and how a student or employee can voice about conduct that violates Title IX.

Where can I get a copy of the college's sexual harassment policy?
SPC Sexual Harassment Policy is posted online and in the Student Handbook, the Supplement to the Faculty, Staff and Student Handbook, and the Faculty Manual. Copies of the rules also may be obtained from provosts' offices and the libraries. View Rule. View Procedure.

How can sexual harassment be discouraged?
Be alert to unwelcome behavior of a sexual nature whether it is you or someone else being harassed. Don't ignore an incident; silence appears to give consent. Be aware of possible misinterpretations of your genuinely friendly behavior. Be firm when confronted in a harassing situation by telling the individual that such behavior is against college policy. Don't be intimidated by fear of retaliation.

What can be done about a sexual harassment incident?
The first thing to remember is that sexual harassment is not your fault. Speak up at any incident. Say "stop," "no" or "that makes me uncomfortable" clearly and firmly. Make sure to report sexual harassment to the proper college officials as soon as possible.

Can confidentiality be guaranteed?
No. However, the information is generally limited to those who need to know. By law, employee records are generally considered public records but are provided only upon an appropriate request. Student records are generally protected from the public disclosure law and are protected by state and federal laws.

Why does a report need to be filed?
Research indicates that only a few persons engage in harassment, but they tend to harass repeatedly. When harassment incidents are reported, the college can take action. Prompt reporting of an incident is very important.

I'm not sure if my instructor is sexually harassing or if he/she is just very friendly. I don't want to irritate him/her because I need a good grade in the class. How can I be sure the instructor has no more than the subject matter on his/her mind?
The best advice is to be cautious when you are in a situation where you feel uncomfortable. A student may find it difficult and threatening to refuse the signals that can be sent by instructors. If the situation doesn't seem right, it probably isn't, and you should report it to one of the designated representatives of the college.

Who is the proper person at the college to inform about a sexual harassment incident? St. Petersburg College Title IX Office: Dr. JoCynda Hudson, Title IX Coordinator / EEO Officer, at 727-341-3261 or SPCTitleIX@spcollege.edu

Inquiries or complaints concerning implementing regulations for Title IX, Section 504 and other civil rights laws may also be referred to the Office for Civil Rights, 61 Forsyth Street S.W., Suite 19T10, Atlanta, GA  30303-8927; Telephone: (404)974-9406; Email: OCR.Atlanta@ed.gov

EMERGENCY? Dial 911 or Campus Safety at 727-791-2560.

To file a formal incident report regarding sexual harassment, sexual assault, or any sexual misconduct, please complete the appropriate form below. In response to the completed form, SPC’s Title IX Office will contact you.

For more information about an informal process, please see the BOT Rule/Procedure.