Civil Rights and Non-Discrimination

Frequently Asked Questions

• 1. What types of behavior can/should I report?

  Misconduct that involves members of the University community or occurs within University programs or activities should be reported. If you know of or suspect misconduct, the best course of action is to report it.

  Prompt reporting can minimize the potential negative impact to those directly affected by misconduct and the University community.

  Misconduct has no place at FIU and will not be tolerated. Misconduct includes:

  • Sexual Harassment and Sexual Misconduct (FIU-105), including non-consensual sexual activity and unwelcome sex-based conduct, such as:
    • Sexual Assault
    • Dating Violence
    • Domestic Violence
    • Stalking
    • Sexual Coercion
    • Sex-based Harassment
    • Non-Consensual Sexual Touching
    • Obscene or Indecent Behavior
    • Revenge Porn
    • Sexual Exploitation
  • Prohibited Discrimination and Harassment (FIU-106), such as:
    • Discriminatory behavior, including disparity in treatment or exclusion based upon membership in a protected class including race, color, sex, pregnancy, religion, age, disability, national origin, marital status and/or veteran status
    • Harassing behavior whether in verbal, physical, written, or electronic form, including offensive or demeaning conduct directed at an individual based on membership in a protected class. It also may include threats, comments, insults, pictures, references, and displays of offensive, demeaning or intimidating conduct directed at an individual based on membership in a protected class
  • Retaliation for reporting discrimination, harassment, and sexual misconduct, for participating in an investigation or hearing concerning discrimination, harassment, and sexual misconduct, or for opposing such prohibited conduct. Violations of the Student Conduct and Honor Code
  • Violations of University Policy and Regulation
  • Unethical behavior

   Remember, when reporting misconduct, please make certain that you include as much detail as possible in order to allow for an appropriate response and thorough review/investigation of the information submitted.

• 2. Where should I report misconduct?

  Misconduct should be reported by submitting a concern via REPORT.FIU.EDU.

  Misconduct relating to sex should be reported via REPORT.FIU.EDU and may also be reported directly to FIU’s Interim Title IX and Civil Rights Coordinator, Emmanuele A. Bowles by phone: (305) 348-2785, by email: ocr@fiu.edu, in-person or by regular mail: 11200 SW 8th St, PC 220, Miami, FL 33199.

• 3. Can I report anonymously?

  Yes. Anyone may make a report on behalf of themselves or others. When reporting, you may choose to provide your name and contact information, which will allow for additional outreach and follow-up, or you may choose to remain anonymous and not provide such information.

  When choosing to remain anonymous, please understand that we may be unable to follow up with anonymous reports for additional details, clarification, or to provide updates related to the information reported. If you choose to report anonymously, we recommend including as much detail as possible (e.g. time, location, name of involved parties, …)  in order to ensure a thorough understanding of the conduct being reported to take appropriate responsive action.

• 4. Can I report on behalf of someone else?

  Yes. You can submit a concern about something you or someone you know experienced, regardless of whether you were a witness to the misconduct or if it was simply disclosed to you after it occurred. You can submit a concern on behalf of a friend, colleague, peer, supervisor, instructor, student, etc.

   If you are an employee or student employee (including, but not limited to, graduate assistants, teaching assistants, housing and residential life workers, athletics workers, etc.), you are required to report instances of sexual harassment or sexual misconduct that are shared with you.

• 5. What should I include in the report if I choose to report?

  When submitting your concern, include as much information as you can provide. For those not affiliated with FIU, please list their phone number, email, and any other contact or identifying information available. Please note that individuals involved in incidents are referred to as the following:     

  • Reporter: Any person (including the Complainant) who reports an alleged policy violation
  • Complainant: Any individual who may have been the subject of any Sexual Misconduct, Dating or Domestic Partner Violence, and/or Stalking by the Respondent, regardless of whether the individual makes a report
  • Respondent: Any individual or group who has been accused of violating University policy.
  • Witness: Any person who has directly observed an incident or has direct or indirect knowledge related to the incident being reported
• 6. Can I report an incident that occurred off campus?

  Yes. An off-campus incident between FIU-affiliated individuals (students, faculty, staff, employees) should be reported through the same channels and will be addressed according to FIU’s protocols and policies.

• 7. What if I want to report discrimination, harassment, or sexual misconduct but am afraid of retaliation?

  FIU recognizes the importance of protecting individuals who report concerns of discrimination, harassment, and sexual misconduct or oppose such prohibited conduct. FIU prohibits retaliation – or penalizing someone who has filed a report or participated in an investigation regarding misconduct. The University reviews all allegations of retaliation and, when retaliation occurs, takes strong responsive actions against such conduct. Engaging in retaliation is, in and of itself, a violation of FIU-105 and FIU-106.

• 8. Should I submit a concern even if the conduct that was making me uncomfortable has stopped?

  Yes. All members of our FIU community should be held accountable for misconduct, even though the misconduct is not actively happening anymore. Prompt reporting can also minimize the potential negative impact to those directly affected by misconduct and others who might be impacted by this same misconduct in the future. Even though you are no longer experiencing that misconduct, reporting can help others who have also been or could eventually become victims of the same misconduct.

• 9. What resources are available to those impacted by misconduct?

  FIU offers on-campus confidential support and resources. Students are encouraged to contact:

  • Victim Empowerment Program which provides free confidential assistance and support the healing process of those who have been victimized through threatened or actual violence.
  • Counseling and Psychological Services (CAPS) which provides mental health services to students that will facilitate and enhance their personal learning, emotional well-being and academic skills development.
  • Student Health Services which provides affordable and accessible student-focused medical care and promotes healthy lifestyles through education, mentorship and research activities thus facilitating the academic success of the student body.

   Employees, including faculty, staff, and student employees are encouraged to contact:

  • Office of Employee Assistance whichprovides private and confidential professional assistance to faculty, staff, and their families, including emotional support and guidance, counseling and coaching and/or community resources.

  Faculty, staff, and students can also refer to the Dean of Students to identify and address student concerns and crises.

  Additional off-campus resources that are available to the community include:

  • Roxcy Bolton Rape Treatment Center at Jackson Memorial Hospital
  • Florida Council Against Sexual Violence Information Line
  • MyFLFamilies
  • Florida Victim Assistance
• 10. Will the information I report be reviewed?

  Yes. The Office of Civil Rights (OCR) reviews all concerns that it receives. Investigations are conducted when the reported allegation would constitute prohibited conduct, if substantiated. In addition to investigating, OCR also connects those impacted by the reported misconduct with resources and supportive measures.

  All reports are expected to be made in “good faith.” This means that you should only provide information you know or suspect to be true. Submitting a report based on information that you know to be false can be hurtful to others. Purposefully filing a false or malicious report is prohibited and grounds for disciplinary action.

  Please note: a determination regarding responsibility alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

• 11. Who receives and has access to reports of discrimination, harassment, and retaliation or sexual harassment or sexual misconduct submitted via REPORT.FIU.EDU?

  The Office of Civil Rights (OCR) receives all reports of discrimination, harassment, and retaliation submitted via REPORT.FIU.EDU. OCR keeps reported information confidential consistent with University regulations (FIU-106) and to the extent possible under the law. OCR will only disclose information toindividuals with a legitimate need to know in order to review, investigate, and resolve reports of such conduct, or as permitted or required by law.

• 12. How are reports of discrimination, harassment, or sexual misconduct safeguarded?

  The Office of Civil Rights (OCR) safeguards the privacy of information reported to it. Concerns submitted through REPORT.FIU.EDU are reviewed by the OCR's team of trained investigators as thoroughly and confidentially as possible. OCR only discloses information toindividuals with a legitimate need to know in order to review, investigate, and resolve reports of such conduct, provide resources and supportive measures, or as permitted or required by law. Generally, supervisors, Human Resources liaisons, instructors, parents, etc. will not have access to the report. In certain circumstances, the University may release information about Sexual Misconduct or Sexual Harassment in order to warn and protect the University community.

• 13. What is the difference between Title IX and non-Title IX sex-based conduct?

  Title IX conduct applies to conduct occurring in the United States and within the University’s education program or activity. Conduct that falls under Title IX includes sexual assault, dating violence, domestic violence, stalking, and fondling (non-consensual sexual touching) where the accused and accuser is either faculty, staff, or student.

  Other sex-based conduct, which falls outside Title IX is prohibited “Sexual Misconduct” as set forth in FIU-105. Sexual Misconduct includes sexual assault, sexual coercion, domestic violence, dating violence, gender or sex-based harassment, non-consensual sexual touching, obscene or indecent behavior, revenge porn, and sexual exploitation that occurs off-campus or outside the University’s education program or activity or outside the United States.

  Either type of violation should be reported through FIU’s REPORT.FIU.EDU channels or directly to the Title IX Coordinator.

• 14. What happens after I submit my concern through REPORT.FIU.EDU?

   Once you fill out the form submitting your concern, you can expect the following:

  1. The report will be received and reviewed by the Office of Civil Rights (OCR) team.
  2. OCR will reach out to invite the impacted party (complainant) to discuss supportive measures, resources, rights, and available options, including filing a formal complaint or no action at all.
  3. Once informed of available options, the impacted party (complainant) can then decide what they would like to see happen next. This includes decisions about initiating a formal investigation, receiving supportive measures, access to resources, and notifying the offending party (respondent).
• 15. How long will it take for the information reported to be reviewed?

  Once a report has been made by submitting a concern, the information will be reviewed within one to two business days.

   If you are in an emergency situation and require immediate assistance, you should call 911, the Modesto Maidique Campus (MMC) FIUPD at (305) 348-5911 or the Biscayne Bay Campus (BBC) FIUPD at (305) 919-5911.

• 16. How can the Office of Civil Rights (OCR) help me prevent, stop, or remedy to the misconduct by submitting a concern?

  The OCR team may impose supportive measures when necessary to ensure the safety and emotional well-being of the parties or witnesses involved and provide academic or other appropriate support. OCR can implement measures to prevent, stop, and remedy concerning conduct by implementing the following:

  • Imposing a mutual no-contact directive
  • Changes to class or work schedule or assignments
  • Housing relocation
  • Academic accommodations
  • Access to medical and counseling services
  • Providing an escort to assure safe movement on-campus
  • Voluntary leave of absence
  • University-imposed leave or suspension for the respondent