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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