anal or vaginal penetration of another by any other object without consent; however, sexual battery does not include an act done for a bona
fide medical purpose. See Florida Statute 794.011.
16. Sexual Harassment
Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
An employee (staff or faculty) of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation
in unwelcome sexual conduct;
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 College’s education program or activity; or Sexual Assault, Dating Violence, Domestic Violence, or Stalking, as those terms
are defined herein.
17. Sexual Misconduct
Conduct that constitutes, or allegations that if proven would constitute, Sexual Harassment, Sexual Assault, Dating Violence, Domestic
Violence, or Stalking, as those terms are defined herein.
18. Stalking
Stalking is defined as engaging on the basis of sex in a repetitive course of conduct (e.g. repeatedly following, harassing, threatening, or
intimidating another by telephone, mail, electronic communication, social media, or any other action, device, or method) directed at a specific
person that would cause a reasonable person to (a) fear for his or her safety or the safety of others or (b) suffer substantial emotional distress.
For 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 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.
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 “Stalking” is defined as the willful, malicious and repeated following or harassing of a specific person that would cause
a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress; or an aggravated stalking,
which means the willful, malicious and repeated following or harassing another with credible threats with the intent to place that person in
reasonable fear of death or bodily injury; or willfully, maliciously, repeatedly following or harassing a minor under age 16; or after injunction for
protection or any court-imposed prohibition of conduct, knowingly, willfully, maliciously and repeatedly follows or harasses another person.
Sexual Cyberharassment in Florida means to publish a sexually explicit image of a person that contains or conveys the personal identification
information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent
of causing substantial emotional distress to the depicted person.
Florida law enforcement agencies will utilize these definitions in determining whether to pursue criminal Stalking and/or Sexual Cyberharassment
charges. See Florida Statutes 784.048 and 784.049.
19. Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.
20. Supportive Measures
Means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to
a complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures
are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other
party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter Sexual Misconduct.
Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class
schedules, campus escort services, restrictions on contact or communication between individuals, changes in work or housing locations,
leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain
as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would
not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective
implementation of supportive measures.
21.Unwelcome Conduct
Conduct is considered unwelcome if a person did not request or invite it and considered the conduct to be undesirable or offensive. Unwelcome
conduct may take various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), or
other conduct that may be physically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, be
directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex. Participation
in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a person may have welcomed
some conduct does not necessarily mean that the person welcomed other conduct. Also, the fact that a person requested or invited conduct
on one occasion does not mean that the conduct is welcome on a subsequent occasion.
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