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
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