59 NSU STUDENT HANDBOOK 2023-24 8.2. Any person may report sex discrimination, including sexual harassment, in person, by mail, by telephone, or by electronic mail, using the contact information listed for an institution’s Title IX Coordinator. 8.3. Each institution must notify applicants for admission and employment, students, employees, all professional organizations holding professional agreements with the institution, of the name or title, office address, electronic mail address, and telephone number of the employee designated as the institution’s Title IX Coordinator, and that the institution does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by Title IX not to discriminate in such a manner. Each institution must also prominently display the aforementioned contact information for the institution’s Title IX Coordinator, and any applicable Title IX policies, on its website. 8.4. Nothing contained in this section 8 should be construed to prohibit or prevent institutions from using shared employees, resources and/or services to carry out and administer this policy, unless this policy and/or applicable federal, state or local legislation, rule or regulation explicitly requires the institution’s Title IX Coordinator to perform or be responsible for the same. 9. Retaliation 9.1. No institution or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy, constitutes retaliation. The institution must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination under this policy. 9.2. The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under section 9.1 above. 9.3. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation prohibited under section 9.1 above, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. 10. Preservation of Records 10.1. The following records must be maintained for a period of seven (7) years: 10.1.1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required pursuant to section 5.1 above, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the institution’s education program or activity;
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