allegations therein, the respondent is no longer enrolled or employed by the College, or specific circumstances prevent the College from gathering
evidence sufficient to reach a determination as to the formal complaint or allegations therein.
3. Upon a dismissal required or permitted pursuant to Section H.1. or H.2. above, the College must promptly send written notice of the dismissal
and reason(s) therefor simultaneously to the parties.
Additional information about College policies and procedures related to
Sexual Misconduct can be found in the College’s Annual Security Report
Click Here To View
DEFINITIONS
1. Actual Knowledge
Means notice of Sexual Misconduct or allegations of Sexual Misconduct provided to the College’s Title IX Coordinator, or any College Vice
President, Associate Vice President, Provost, Dean, Associate Provost, Student Life Coordinator/Student Ombudsman, Varsity Athletics Coach,
Director of Support Services, Resident Assistant, or Campus Security Officer. Imputation of knowledge based solely on vicarious liability or
constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the College with actual
knowledge is the respondent.
2. Complainant
Means an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct.
3. Consent
Means an act or statement that is knowing, freely given, and mutually understood to communicate a willingness to engage in an activity. It is
the responsibility of each person involved in any sexual act to ensure that they have the consent of the other(s).
The existence of a dating or sexual relationship between the people involved, or the existence of a past sexual encounter, is not by itself
an indication of consent for any current or future sexual encounter. Consent cannot be obtained by force, threat, coercion, or by causing a
reasonable fear of imminent injury.
For sexual activity to be consensual, consent must be ongoing throughout the sexual encounter. A person can withdraw consent at any
time. Consent to one sexual act does not automatically constitute consent to another sexual act. A person withdraws consent by clearly
communicating withdrawal through words or actions. Consent to engage in sexual activity with one person does not automatically constitute
consent to engage in sexual activity with another person. Lack of protest or resistance, alone, is not consent. A person who is incapacitated
cannot give consent.
The above definition will be used in determining whether a respondent is responsible for violating the College’s Sexual Misconduct policy and
procedure.
In Florida, the term “consent” is statutorily defined as 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. See Florida
Statute 794.011.
4. Dating Violence
Dating Violence is violence committed on the basis of sex by a person who is or has been in romantic or intimate nature with the victim. The
existence of such a relationship shall be determined based on the length of the relationship, the type of relationship, and the frequency of
interaction between the persons involved in the relationship.
The above definition will be used in determining whether a respondent is responsible for violating the College’s Sexual Misconduct policy and
procedure. In Florida, the term “dating violence” is statutorily defined as violence between persons who have or have had a continuing and
significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration
of the following factors:
a. A dating relationship must have existed within the past 6 months;
b. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
c. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been
involved over time and on a continuous basis during the course of the relationship.
Florida law enforcement agencies will utilize this definition in determining whether to pursue criminal Dating Violence charges. See Florida
Statute 784.046.
5. Domestic Violence
Domestic Violence is defined as felony or misdemeanor crimes of violence committed on the basis of sex by a current or former spouse of the
victim, or by a person with whom the victim shares a child in common, or by a person who is cohabitating with or has cohabitated with the
7