victim as a spouse, or by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Florida, or 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 Florida.
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 “Domestic Violence” is statutorily defined as any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or
death of one family or household member by another family or household member. “Family or household member” means spouses, former
spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the
past as if a family, and persons who are parents of a child in common, regardless of whether they have been married. With the exception of
persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the
same single dwelling unit.
Florida law enforcement agencies will utilize this definition in determining whether to pursue criminal Domestic Violence charges. See Florida
Statute 741.28.
6. Education Program or Activity
For purposes of the College’s Sexual Misconduct policy and procedure, an “education program or activity” means locations, events, or
circumstances over which the College exercises substantial control over both the respondent and the context in which the Sexual Misconduct
occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the College.
7. Fondling
The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the other person,
including instances where the other person is incapable of giving consent.
8. Formal Complaint
Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against
a respondent and requesting that the College investigate the allegation of Sexual Misconduct. At the time of filing a formal complaint, a
complainant must be participating in or attempting to participate in an education program or activity of the College. A formal complaint
may be filed with the Title IX Coordinator in person, by mail, or by e-mail, by using the contact information listed in Section D. As used in
this paragraph, the phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s
physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
9. Impaired
Means a person’s normal faculties are diminished in some material respect. Normal faculties include but are not limited to the ability to see,
hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many
mental and physical acts of daily life.
10. Incapacitation / Incapacitated
Incapacitation is a temporary or permanent state in which a person is physically or mentally unable to communicate a willful, voluntary, and
knowing decision. A person can be incapacitated because of age, alcohol or drug consumption, being unconscious or asleep, a disability, or any
other circumstance that prevents a person from having the capacity to give consent. For a person to be rendered incapacitated by alcohol or
drugs, the person must be so impaired that they are unable to give consent. This level of impairment must be obvious to a reasonable person;
it is not enough for a person to be merely under the influence of, or to have impaired judgment because of, alcohol or drugs.
11. Incest
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
12. Rape
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person,
without the consent of the other person.
13. Relevant Evidence and Questions
Relevant evidence and questions refer to any questions and evidence that tends to make an allegation of Sexual Misconduct more or less likely
to be true. Relevant evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at
all stages of the Title IX Grievance Process:
a. Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
• They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
• They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove
consent. 34 C.F.R. § 106.45(6)(i).
b. Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.
c. Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).
14. Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.
15. Sexual Assault
An offense that meets the definition of Rape, Fondling, Incest, or Statutory Rape, as those terms are defined herein. 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
“Sexual Assault” is legally referred to as “Sexual Battery” and law enforcement and the court system will utilize the following definition in
determining whether to pursue criminal charges: any oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the
8