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 .
DEFINITIONS
Additional information about College policies and procedures related to Sexual Misconduct can be found in the College ’ s Annual Security Report
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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
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