Crime Reports & Safety Procedures

Information concerning sexual offenders or predators, as required under the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Act, can be accessed via the Florida Department of Law Enforcement sexual predators/sexual offenders neighborhood search page. The address for Embry-Riddle Aeronautical University is 1 Aerospace Blvd., Daytona Beach, 32114.

Review the University’s Title IX of the Education Amendments of 1972. Contact the Campus Safety & Security Department or the Title IX Coordinator for additional information.

Summary of Clery Act crime statistics, hate crime statistics, fire safety systems and fire statistics log from 2020 to 2022:

• 2023 Security and Fire Safety Report

Crime Statistics Location Key

On-campus property means (i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (ii) any building or property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as food or other retail vendor).

Residential facilities means (i) a subset of On-Campus crimes, which includes only those crimes that were reported to have occurred in dormitories or other residential facilities for students on campus.

Non-campus building or property means (i) any building or property owned or controlled by a student organization officially recognized by the institution; and (ii) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students and is not within the same reasonably contiguous geographic area of the institution.

Public property means (i) all public property, including thoroughfares, streets, sidewalks and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus.

At Embry-Riddle, fire safety is of paramount importance. Life Safety Systems and Camus Safety & Security manage the campus fire safety program.

Fire alarm systems report to the Safety & Security Communications Center and are monitored on a 24-hour basis. Any fire, smoke or suspicious odor condition should be immediately reported to Safety & Security by calling 386-226-6480 or 386-226-SAFE (7233) for emergencies.

Never hesitate to report these conditions, even if you are not sure if there is a fire. If a fire condition exists but was extinguished, Safety & Security must still be called. If 911 is called directly, make a follow-up call to Campus Safety & Security so they may meet and facilitate the Fire Department response.

A fire log for residence hall facilities is maintained in the Safety & Security Administrative Office located in Mod 3. The log may be viewed anytime during business hours, Monday through Friday. The log records information concerning fires occurring inside a campus residence hall.

Residence halls are all equipped with fire safety systems. Please refer to the PDFs linked in the section below for information on each residence hall facility.

Fire drills are scheduled in residence hall facilities once per semester. All residents and guests are required to evacuate the building when an alarm is activated. During a fire alarm, evacuate the building by using stairs and moving away from the building a distance equal to the approximate height of the building. Do not block parking or service road and entrance areas, as these may be needed by emergency responders. Drills will be evaluated for their effectiveness by Campus Safety & Security and Housing & Residence Hall staff. Housing & Residence Life Resident Advisors receive fire safety training from Campus Safety & Security.

Each resident receives a copy of the Department of Housing & Residence Life Information and Policy Guide. The guide contains information concerning evacuation procedures, fire safety and prohibited items, and fire equipment.

Smoking and any type of open flame are not permitted within residence hall facilities. This includes candles, incense or any type of flame cooking devices. Cooking appliances (hot plates, toaster ovens), space heaters, or halogen lamps are prohibited.

The University provides a microwave and small refrigerator in each room in all of the first-year residence halls. Students should not bring additional large appliances. Coffeemakers and hot water pots are the only small cooking appliances allowed in all first-year halls. Upper-class halls have kitchen areas that allow certain other items. You should consult with Housing & Residence Life staff if you have a question about any appliance.

Summary of Clery Act crime statistics, hate crime statistics, fire safety systems and fire statistics log from 2020 to 2023:

• 2023 Security and Fire Safety Report

Fire protection systems are tested annually, under the supervision of Life Safety Systems. Improvements, upgrades or repairs to fire safety systems are made when tests or evaluations indicate a problem exists. Notify Campus Safety & Security whenever you notice damage or a possible problem with fire protection equipment.

Housing & Residence Life staff performs resident room inspections twice per semester and once during the summer.

Any fire safety violations will be cited and referred for immediate correction. Violators may be judicially referred.

• Be aware of the exit locations in your building.
• If a fire alarm is activated, immediately leave the building. Get others to do the same as you leave.
• Use the stairs, not the elevators, when evacuating the building.
• Move a safe distance away from the building, and do not congregate in roadways or service drives.
• If a person is disabled or in need of assistance, tell responding emergency services personnel. Use stairwells as a place of refuge until emergency personnel arrive to safely move the person from the building.
• Close all doors and windows. This will help contain any possible fire, smoke, or poisonous gases.
• Use fire extinguishers only on small fires, or only if it appears safe to do so. Do not put your own safety in danger.
• Never hesitate to activate a fire alarm system if you suspect fire, smoke, or unusual heat.
• Provide emergency responders with any information you may have about the fire alarm or persons injured or needing assistance.
• Don’t re-enter the building until the alarm stops and emergency personnel provide an “all-clear” message.

Fire

Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.

Fire Drill

A supervised practice of a mandatory evacuation of a building for a fire.

Fire-Related Injury

Any instance in which a person is injured as a result of a fire, including an injury sustained from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of the fire. The term person may include students, faculty, staff, visitors, firefighters, or any other individuals.

Fire-Related Death

Any instance in which a person is killed as a result of a fire, including death resulting from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of a fire, or deaths that occur within one year of injuries sustained as a result of the fire.

Fire Safety System

Any mechanism or system related to the detection of a fire, the warning resulting from a fire, or the control of a fire including: sprinkler or other fire extinguishing systems, fire detection devices, stand-alone smoke alarms, devices that alert one to the presence of a fire, such as horns, bells, or strobe lights, smoke-control and reduction mechanisms, and fire doors and walls that reduce the spread of a fire.

Value of Property Damage

The estimated value of the loss of the structure and contents, in terms of the cost of replacement in like kind and quantity, including: contents damaged by fire, related damages caused by smoke, water and overhaul, however it does not include indirect loss, such as business interruption.

It is the policy of Embry-Riddle that no student or employee may threaten the health and safety of a member of the University community — or any person on University property or at a university-sponsored or supervised activity — through the commission of sexual assault, including acquaintance rape. Anyone that has been a victim of a sexual assault should report it immediately to Campus Safety & Security.

The University provides programs that are designed to promote awareness of sexual offenses. Informational brochures and videos are available through the Title IX office, the Counseling Center and other departments on campus.

The University has established an official Policy and Procedure that includes the following information.

Consideration and rights to be afforded to all campus community members who are victims of sexual assault:

• The right to have all sexual assaults against them treated with seriousness; and the right, as victims, to be treated with dignity.
• The right to have sexual assaults that are committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the government entity in which the crimes occurred; and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
• The right to be free from pressure that would suggest that the victim: (i) not report crimes committed against them to civil and criminal authorities or to campus law enforcement and disciplinary officials; or (ii) report crimes as lesser offenses than the victim perceives them to be.
• The right to be free from suggestions that sexual assault victims not report, or under-report, crimes because:
• Victims are somehow "responsible" for the commissions of crimes against them.
• Victims were contributorily negligent or assumed the risk of being assaulted.
• By reporting crimes they would incur unwanted personal publicity.
• The right to the full and prompt cooperation from campus personnel in responding to the incident.
• The right to access counseling services established by the University or other victim-service entities.

Consideration and additional rights to be afforded to campus community members who are victims of sexual assaults which occur on University property

After campus sexual assaults have been reported, the victims of such crimes shall have:

• The right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent unwanted contact or proximity with alleged assailants.
• The right to be informed of the disciplinary proceedings as well as the outcome of such proceedings.
• The same right to assistance, or ability to have others present, that is afforded to the accused during any campus disciplinary proceedings.

In addition to any criminal or civil actions that may be pending or in process, the University reserves the right to pursue separate disciplinary action. Persons found responsible for sexual assault may expect disciplinary actions up to and including dismissal from the University.

A number of University personnel are available, if desired, to assist victims of sexual assault as soon as there is knowledge of an incident. The Title IX Office is always available to respond to these cases and provide confidential victim assistance. Staff from the following departments are also available to assist:  Counseling Center, Health Services, Housing & Residence Life, Campus Safety & Security, and the Dean of Students. Staff in Human Resources are available in the event that a faculty or staff member is involved.

Any person contacted should do the following:

1. Make the individual feel secure.
2. Make the individual aware of medical treatment facilities, counseling agencies and legal resources available and encourage contact with those that are necessary or appropriate:
• Sexual Assault Recovery: Phone 386-258-RAPE (386-258-7273)
• The Victim Advocate Office of the State Attorney’s Office: Phone 386-239-7720, Monday-Friday, 8 a.m.-4 p.m., or 386-254-4679 (direct line). The State Attorney’s Office will send a representative to meet with the individual to determine whether a crime has been committed. This person will assist in preserving evidence and in directing the individual to appropriate agencies for assistance.
• The Police Department: Phone 911 (contact Campus Safety & Security at 386-226-6480 following this call). The responding police officer will investigate the incident, collect any evidence and refer the individual to the Sexual Assault Recovery for treatment. If the individual wishes to press criminal charges, immediate notification to the police is important so that evidence at the scene may be preserved.
• A local hospital, in case of serious physical injuries.
3. Continue to assist the individual as needed or desired.

Any responding University official should notify the Title IX Coordinator as soon as possible. This office will determine the following:

1. Additional actions that may be undertaken to assist the individual in dealing with the aftermath of the incident: for example, contacting faculty members to ask for extensions for assignments, serving as a resource for continued support, changing academic and living situations, etc.
2. The need to notify the Campus Safety & Security Office and any additional University personnel.
3. The procedure for further investigation of the incident and possible disciplinary action.
4. The need to notify Human Resources in the event an employee is involved in an incident.

The Title IX Office has the responsibility to receive and investigate complaints arising out of claims that the sexual assault policy has been violated. After the investigation, it will be determined if charges are to be brought against a respondent. If charges are brought, a written notice, hearing date and time will be forwarded to the respondent.

After the hearing, it will be determined if the respondent is to be held responsible for the violation(s). If found responsible, the appropriate sanction(s) will be applied.

Both the reporting party and the responding party have the right to file an appeal, called a reconsideration. Granting a request for an appeal/review will be based on evidence not previously presented or on a breach of the respondent’s rights and responsibilities.

For further information regarding programs to prevent domestic violence, dating violence, sexual assault and stalking as well as procedures the university will follow once such an incident is reported and the standard of evidence used during campus conduct proceedings, go to our Title IX page or the Dean of Students Office website and select 'sexual harassment and misconduct.'

For further information about a victim’s options for and assistance in changing academic, living, transportation and working situations, contact the Title IX Coordinator or Campus Safety & Security. 

Embry-Riddle Aeronautical University Daytona Beach campus Student Handbook prohibits sexually violent acts, termed “Sexual Misconduct” by the Embry-Riddle Aeronautical University Daytona Beach campus, which can be crimes as well. Sexual misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, interpersonal/relationship violence, sex/gender-based stalking, and sexual harassment. While Embry-Riddle Aeronautical University Daytona Beach campus utilizes different standards and definitions than the State of Florida’s Code, sexual misconduct often overlaps with the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence. Victims of these behaviors are protected by federal laws, specifically Title IX, and the Clery Act, which mandates the contents of this report.

It is the policy of Embry-Riddle Aeronautical University Daytona Beach campus to notify Campus Safety & Security and The Daytona Beach Police Department when sexual misconduct occurs, typically without providing identifying information about the incident, unless a victim wishes that information to be shared, or an emergency requires disclosure. Victims have the option to notify law enforcement directly, or to be assisted in doing so by campus authorities. If requested, campus officials can facilitate reporting to campus or local law enforcement, but may also respect a victim’s request not to do so. 

In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, the Embry-Riddle Aeronautical University Daytona Beach campus utilizes a range of campaigns, strategies, and initiatives to promote awareness, educational, risk reduction, and prevention programming.

It is the policy of the Embry-Riddle Aeronautical University Daytona Beach campus to offer programming to identify and prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees, and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. Programs and other campaigns offered throughout the year to all students and employees include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, and bystander intervention), and discuss institutional policies on sexual misconduct as well as the State of Florida’s definitions of domestic violence, dating violence, sexual assault, stalking, and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. New student orientation programs will include educational opportunities on these topics as well as programs throughout the school year and scheduled events in anticipation of Spring Break. Programs are informed by evidence-based research and/or are assessed for their effectiveness. 

Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose, and motivates them to intervene as stakeholders in the safety of the community when others might choose to be bystanders.

In the event that sexual misconduct, gender-based violence, or the crimes of sexual assault, stalking, dating violence, or domestic violence do occur, the Embry-Riddle Aeronautical University Daytona Beach campus takes the matter very seriously. The Embry-Riddle Aeronautical University Daytona Beach campus employs interim protection measures such as interim suspensions and/or no contact orders in any case where a student’s behavior represents a risk of violence, threat, pattern, or predation. If a student is accused of sexual misconduct, other gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, s/he is subject to action in accordance with the Student Handbook. A student wishing to officially report such an incident may do so by contacting the Campus Safety & Security Communications Center at (386) 226-6480 or the Title IX Coordinator at 386-226-7971. Anyone with knowledge about sexual misconduct, gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence is encouraged to report it immediately. Protective measures for victims are available from the campus whether a victim chooses to report to local and/or campus law enforcement, and irrespective of whether a victim pursues a formal complaint through the Embry-Riddle Aeronautical University Daytona Beach Title IX Coordinator. 

If you are the victim of sexual misconduct, gender-based violence, or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred:

1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, contact The Campus Safety & Security Communications Center at (386) 226-6480 if you are on campus or call 911 if you are off campus.
2. Consider securing immediate professional support (e.g., counseling, victim advocacy, medical services, etc.) to assist you in the crisis.
3. If you are on campus during regular business hours, you may go to the Title IX Coordinators office in Henderson Welcome Center, Counseling Center, as well as to the Dean of Students for support and guidance. These are confidential resources. After regular business hours, or in any situation where a victim wishes, local resources are also available and may be able to provide confidential assistance. Contact Safety & Security for assistance. 
4. For your safety and well-being, immediate medical attention is encouraged. Further being examined as soon as possible is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination at no charge or can work with you to arrange state reimbursement.

• To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable. 
• Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. They will gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet to avoid contamination. 
• If you have physical injuries, photograph or have them photographed, with a date stamp on the photo. 
• Record the names of any witnesses and their contact information. This information may be helpful as proof of a crime, to obtain an order of protection, or to offer proof of a campus policy violation. 
• Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or even better, write notes to remind you of details, if you have time and the ability to do so. 
• If you obtain external orders of protection (e.g., restraining orders, injunctions, protection from abuse), please notify Campus Safety & Security in Mod 3 during regular business hours or the Communications Center at (386) 226-6480 after business hours.

1. Even after the immediate crisis has passed, consider seeking support from the Title IX Coordinator or other campus resources.
2. Contact Campus Safety & Security if you need assistance with Embry-Riddle Aeronautical University Daytona Beach campus-related concerns, such as no-contact orders or other protective measures. The department will also assist in any needed advocacy for students who wish to obtain protective or restraining orders from local authorities. The Embry-Riddle Aeronautical University Daytona Beach campus is able to offer reasonable academic supports, changes to living arrangements, transportation resources or modifications, escorts, no contact orders, counseling services access, and other supports and resources as needed by a victim. The Embry-Riddle Aeronautical University Daytona Beach campus is able to offer information about legal assistance, visa/immigration assistance and student financial aid considerations for victims.  

Rape is generally defined by states as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.

Under Florida law, rape is defined under Florida Statute 794:

• Where the victim is prevented from resisting due to alcohol or drugs.
• Where the assailant uses physical force or the threat of force to overpower and control the victim.
• Where the victim fears that s/he or another will be injured if the victim does not submit.
• Where the victim is at the time unconscious of the nature of the act, and this is known to the assailant.
• Where the victim is incapable of giving legal consent due to a mental disorder or developmental or physical disability, and this is known or reasonably should be known to the assailant.
• Where the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.
• Where the assailant uses duress, such as a direct or implied threat of hardship or retribution, to coerce the victim.
• Where the assailant uses force, fear, or threats to accomplish sexual intercourse against the will of the spouse. This provision of the law is known as the “spousal rape law."

Other sexual offenses include the following: sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal).

In Florida, sexual consent is defined as: Intelligent, knowing and voluntary consent, and does not include coerced submission. Below are campus definitions of sexual misconduct taken from the Student Handbook.

Sexual misconduct includes but is not limited to sexual harassment, sexual discrimination, non-consensual sexual contact, non-consensual sexual intercourse and sexual exploitation of any member of the university community. Prohibited behaviors may include but are not limited to:

Sexual Harassment

• Unwelcome, gender-based verbal or physical conduct that is
• Sufficiently severe, persistent or pervasive that it
• Has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the University’s educational program, purpose, and/or activities and is
• Based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
• Examples include but are not limited to:
• Unwelcome sexual propositions or flirtations
• Direct or subtle pressure or repeated requests for dates, sexual activities, or sexual favors
• Sexually explicit or offensive jokes and innuendos
• Verbal abuse of a sexual nature
• Inappropriate use of sexually explicit or offensive language in discussions with or to describe an individual
• Insulting or obscene comments or gestures, including leers and whistles
• Workplace, or on campus living space display of sexually suggestive objects or pictures
• Sexually-based stalking, bullying and/or hazing
• Violence between those in an intimate relationship with each other
• Favored treatment (or offers of such) to any student or employee as a result of engaging in or agreeing to engage in sexual conduct

Sexual Discrimination

• Refusing to hire or promote an individual based on their sex or gender identity or expression
• Limiting access to educational programs, professional development opportunities or activities based on sex or gender identity or expression
• Requiring women to “look more feminine” or men to “act more masculine” in order have access or to continue involvement in an educational program or activity, or to maintain employment.

Non-Consensual Sexual Contact

Any intentional sexual touching;

• However slight,
• With any object,
• By a man or a woman upon a man or a woman,
• That is without consent and/or by force,
• Regardless of whether or not contact is on top of clothing or other barriers.

Sexual Contact includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse

Any sexual intercourse;

• However slight,
• With any object,
• By a man or woman upon a man or a woman,
• That is without consent and/or by force.

Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Exploitation

Occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Examples of sexual exploitation include but are not limited to:

• Invasion of sexual privacy
• Non-consensual video or audio-taping of sexual activity
• Going beyond the boundaries of consent (such as letting friends hide in the closet to watch you having consensual sex)
• Engaging in voyeurism – i.e. “peeping toms”; peeking through windows, shower stalls, bathroom stalls, locker rooms and places where there is a reasonable expectation of privacy
• Prostituting any member of the university community
• Knowingly transmitting an STI or HIV
• Exposing one’s genitals in non-consensual circumstances
• Inducing another to expose their genitals
• Posting publicly or through the internet or sharing videos or photos of a sexual nature without consent and/or knowledge of the individuals in the video or photos, regardless of whether consent was given for the photos to be taken or the video to be recorded.

Other Misconduct Offenses Which Fall Under These Guidelines When They Are Sex- or Gender-Based

• Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
• Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining or any other group-affiliation activity (see Hazing Policy).
• Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment.)
• Violence between those in an intimate relationship to each other
• Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community or the safety of any of the immediate family members of the community.

Consent

In order for individuals to engage in sexual activity of any type with each other, consent must be sought. Consent is each individual unequivocally knowing that both are clearly and voluntarily engaging in sexual activity. Consent is sexual permission. Silence without positive actions demonstrating permission cannot be assumed to show consent. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what sexual activity is mutually agreed upon. Coercing someone into sexual activity is a violation of this policy. It is the same as physically forcing someone into sexual activity. Coercion happens when someone is pressured for sex, usually by force, threat, intimidation or manipulation. Seduction is activity which persuades or makes someone interested in engaging in sexual activity willingly. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why or how) because they lack the capacity to reasonably understand the situation. If an individual is intoxicated, they are unable to give consent. Individuals who consent to sex must be able to understand what they are doing. Under this policy “No” always means “No” and “yes" may not always mean “yes”. Anything but a clear, knowing, voluntary consent to sexual activity is equivalent to a “no”.

Retaliation

Retaliation taken against an individual who reports an incident of sexual misconduct is strictly prohibited. The University will take immediate and serious action against an individual or group of individuals who retaliate against a victim, witness, investigator or member of a hearing board. Retaliation is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct. Any behavior or conduct which intimidates, manipulates, or otherwise discourages or harasses an individual involved in a complaint of discrimination or sexual misconduct may be charged with additional university policy violations and are subject to revocation of campus privileges.

Sexual Harassment

Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of the Embry-Riddle Aeronautical University Daytona Beach campus that sexual harassment is prohibited. All members of the Embry-Riddle Aeronautical University Daytona Beach campus community, especially officers, faculty and other individuals who exercise supervisory authority, have an obligation to promote an environment that is free of sexual harassment. Sexual harassment is defined as: Unwelcome gender based verbal or physical conduct. The university’s policy appears below:

Purpose and Scope

To establish a definition and policy concerning sexual harassment and sexual assault. This Policy applies to all employees and students at all University locations.

Definitions

"Sexual harassment" is any unwelcome verbal or physical sexual advances, sexually explicit derogatory statements, sexually explicit materials or sexually discriminatory remarks made by a member of the University community, which are offensive or objectionable to the recipient or which cause the recipient discomfort or humiliation or which interfere with the recipient's job performance or educational experience. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile or offensive working or academic environment
• submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual
• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing

Below are examples of conduct which may, if continued or repeated, constitute sexual harassment. This is not an exhaustive list, but instead serves to provide some examples.

"Verbal harassment" may include:

• unwelcome sexual propositions
• graphic comments about a person's body
• derogatory or sexually explicit statements about an actual or supposed sexual relationship

"Physical harassment" may include:

• unwelcome touching, patting, pinching or any other inappropriate physical contact

Other types of sexual harassment may include:

• derogatory gender-based humor
• sexually suggestive objects or pictures in the workplace or on public display suggestive looks, gestures or insulting sounds
• sexually suggestive internet, mail, or other electronic/web documents

"Sexual assault" is an act of violence, aggression and power in which the victim, under protest, is forced to have sex or perform sex acts through verbal coercion, threats, physical restraint and/or physical violence. The definition of sexual assault varies widely by state so please note that this definition may not be accurate for all states.

Policy

All employees and students have a right to an environment free of discrimination, including freedom from sexual harassment, sexual assault or other types of harassment (see also 8.3.10 Harassment and Nondiscrimination Policy). It is the policy of Embry-Riddle Aeronautical University that no employee or student may sexually harass/assault another or threaten the health or safety of any member of the University community, any person on University property, or any person at a University sponsored or supervised activity. Furthermore, it is the responsibility of every employee to report any suspected physical or sexual abuse of a child to university administration and to local law enforcement. The intent of this policy is not to create a climate of fear but to foster responsible behavior in an academic and working environment free from any and all types of harassment and discrimination.

Any member of the University community who violates this policy will be subject to disciplinary action up to and including termination of employment. This is in addition to any civil or criminal actions which may be in process or pending.

Victims' Rights

Victims of sexual harassment and/or assault have the right to have their claims treated with seriousness and privacy. All claims will be promptly investigated by University officials and/or the proper local authorities. Campus personnel will assist and cooperate with investigations in any way possible. Victims will have access to any type of counseling services available at or offered by the University such as through the student counseling center the employee assistance program (EAP). Efforts will be made by University officials to ensure that any further unwanted contact with alleged assailant(s) is minimized or eliminated if possible.

Any retaliatory action taken by any employee or student against any other employee or student as a result of that person filing a sexual harassment or sexual assault complaint is strictly prohibited.

Responsible Authority: Vice President and Chief Human Resources Officer      

Any complaints or inquiries regarding sexual harassment of a student by an officer, faculty member or staff member should be brought to the immediate attention of the Title IX Coordinator, Human Resources or Campus Safety & Security. Any complaints or inquiries regarding sexual harassment of a student by another student should be brought to the immediate attention of Title IX Coordinator or Campus Safety & Security. The Embry-Riddle Aeronautical University Daytona Beach campus will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels it would not be appropriate to raise such issues with the positions named above, the student may inquire or complain to the Chancellor or Vice President for Administration and such inquiries or complaints will receive a prompt and thorough investigation. If harassment is established, the Embry-Riddle Aeronautical University Daytona Beach campus will discipline the offender. Disciplinary action for violations of this policy can range from verbal or written warnings, up to and including immediate termination from employment or dismissal from the Embry-Riddle Aeronautical University Daytona Beach campus for serious or repeated violations.

Sex Offenders

In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the Embry-Riddle Aeronautical University Daytona Beach campus is providing a link to the Florida State Sex Offender Registry. All sex offenders are required to register in the state of Florida and to provide notice of each institution of higher education in Florida at which the person is employed, carries out a vocation, or is a student. 

In addition to the above notice to the State of Florida, all sex offenders are required to deliver written notice of their status as a sex offender to the university no later than three business days prior to their enrollment in, employment with, volunteering at, or residence in the Embry-Riddle Aeronautical University Daytona Beach campus. Such notification may be disseminated by the university to, and for the safety and well-being of, the campus community, and may be considered by the Embry-Riddle Aeronautical University Daytona Beach campus for enrollment and discipline purposes.

State of Florida definitions for domestic violence, dating violence and stalking appear below:

"Domestic violence" means 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.

"Dating violence" means violence between individuals 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 dating relationship must have existed within the past 6 months;
• The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;
• 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. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Stalking

As used in this section, the term:

• “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
• “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
• “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
• “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

A person who willfully, maliciously and repeatedly follows, harasses or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083.

A person who willfully, maliciously and repeatedly follows, harasses or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.

For offenses including sexual misconduct or other gender based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct, and stalking, sanctions range from warning to dismissal. Serious and violent incidents and acts of non-consensual sexual intercourse usually result in suspension, dismissal, or termination of employment. Lying to investigators (and/or failing to participate in an investigation) can result in additional consequences under the Code of Student Conduct. 

Procedurally, when the Embry-Riddle Aeronautical University Daytona Beach campus receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination, the campus Title IX Office is notified. If the victim wishes to access local community agencies and/or law enforcement for support, the Embry-Riddle Aeronautical University Daytona Beach campus will assist the victim in making these contacts. The Title IX Office will offer assistance to victims in the form of interim or long-term measures such as opportunities for academic accommodations; changes in housing for the victim or the responding student; visa and immigration assistance; changes in working situations; and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc.). If the victim so desires, that individual will be connected with a counselor on- or off-campus, as well as an on-or off-campus victim’s advocate. No victim is required to take advantage of these services and resources, but the Embry-Riddle Aeronautical University Daytona Beach campus provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports, and procedures, in the form of this document, is provided to all victims, whether they are students, employees, guests, or visitors. 

When appropriate upon receipt of notice, the Title IX Office will cause a prompt, fair and impartial process to be initiated, commencing with an investigation, which may lead to the imposition of sanctions based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual. View our Procedures detailing the investigation and resolution processes of the Embry-Riddle Aeronautical University Daytona Beach. The Title IX Office is ultimately responsible for assuring in all cases that the behavior is brought to an end, the Embry-Riddle Aeronautical University Daytona Beach campus acts to reasonably prevent its recurrence, and the effects on the victim and the community are remedied. The Title IX Office is also responsible for assuring that training is conducted annually for all advocates, investigators, hearing officers, panelists, and appeals officers that encompass a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation, and other behaviors that can be forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process of protecting the safety of victims and promoting accountability for those who commit offenses.

The investigation and records of the resolution conducted by the Embry-Riddle Aeronautical University Daytona Beach campus are maintained confidentiality.  Information is shared internally between administrators who need to know, but a tight circle is kept.  Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed. Privacy of the records specific to the investigation is maintained in accordance with Florida law and the federal FERPA statute. Any public release of information needed to comply with the open crime logs or timely warning provisions of the Clery Act will not include the names of victim or information that could easily lead to a victim’s identification. Additionally, the Embry-Riddle Aeronautical University Daytona Beach campus maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures. Typically, if faculty members or administrators are asked to provide accommodations for a specific student, they are told that such accommodations are necessary under Title IX or the Clery Act, but they are not given any details of the incident, or what kind of incident it is. Irrespective of state law or public records access provisions, information about victims is maintained privately in accordance with Title IX and FERPA. 

In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence, or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person of their choice throughout and to fully participate in the process, including any meeting, conference, hearing, appeal, or other procedural action.  All parties are entitled to an advisor of their choosing to guide and accompany them throughout the campus resolution process. The advisor may be a friend, mentor, family member, attorney or any other supporter a party chooses to advise them. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any), and the rationale therefore. Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the Embry-Riddle Aeronautical University Daytona Beach campus appeal processes, and their rights to exercise a request for appeal. Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.  

Both Title IX and the Clery Act provide protections for whistleblowers who bring allegations of non-compliance with the Clery Act and/or Title IX to the attention of appropriate campus administrators. The Embry-Riddle Aeronautical University Daytona Beach campus does not retaliate against those who raise concerns of non-compliance. Any concerns should be brought to the immediate attention of the campus Title IX Coordinator or to officials of the U.S. Department of Education. 

Reporting of statistics under the Clery Act uses federal offenses definitions that allow comparability across campuses, regardless of the state in which the campus is located. These definitions are as follows:

Sex Offenses

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

• Fondling — The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest — Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
2. For the purposes of this definition:

• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
• Dating violence does not include acts covered under the definition of domestic violence.

1. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence

A felony or misdemeanor crime of violence committed:

1. By a current or former spouse or intimate partner of the victim;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
5. By any other person against an adult or youth victim who is protected

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. Fear for the person’s safety or the safety of others; or
2. Suffer substantial emotional distress.
3. For the 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.

Students who reside in campus housing managed by the Department of Housing & Residence Life are subject to certain missing-student notification procedures. Anyone suspecting that a student has been missing for the past 24 hours must immediately notify Campus Safety & Security. An officer will respond to your report and begin an immediate investigation.

The Safety & Security Department’s response will include notification to the Daytona Beach Police Department if the investigation confirms the subject is missing. If the missing student is under 18 years of age and not emancipated, the university will notify the custodial parent or guardian.

As a resident student, you may identify a contact person(s) who the institution will notify if you become missing. The university will notify this person if we determine you are missing. This contact person information should be communicated to the department of Housing & Residence Life as a part of your housing contract application process.

The information provided will be kept confidential by the department and will be accessible only to authorized campus officials and law enforcement involved in the missing person investigation.

The University maintains several methods to communicate immediate emergency information throughout the campus. These systems may be used when campus authorities and/or local emergency responders confirm a significant emergency exists and determine that emergency notification is warranted.

The systems include the following:

• The campus siren is an external mounted siren with voice capability that can broadcast immediate exterior alerts and instructions to the campus. Such alerts may include severe weather, serious criminal threats or the need to shelter within a building due to a dangerous chemical release.
• Rave is a reverse 911 system that allows participants to receive emergency information and instructions via their phone. To participate, students and employees must opt into the system by clicking on the Rave icon on the ERNIE homepage and provide their phone number.
• Patrol car public address system: Campus Safety & Security Department patrol vehicles are equipped with external loudspeakers capable of providing immediate alert and instructional information to limited areas.
• Email: All students and employees are issued email addresses. The campus may utilize email to send follow-up emergency information.
• Alertus: ERAU on campus computers will receive the message communicated via Rave.

The University strongly encourages the campus community to immediately report emergencies or suspicious activity to the Campus Safety & Security Department. Reports of emergency conditions will result in immediate investigation by Campus Safety Officers and may also include notification and response by local emergency responders such as police, fire and ambulance personnel.

In the case of a significant emergency or dangerous situation that could affect the safety of innocent persons, the Campus Safety & Security Supervisor will determine if an emergency notification should be utilized. This process may include prompt consultation with campus and/or local emergency personnel to determine the scope and content of the campus notification.

The University will make every effort to compose a brief but descriptive emergency message that can be issued in a responsible but timely fashion. It is understood that some types of emergencies may cause responsible authorities to temporarily delay mass notification if that action is deemed to compromise immediate efforts being expended to assist the victim or contain, respond to, or otherwise mitigate the situation.

Subsequent and general information may be communicated via campus email, announcement on ERNIE, or use of the emergency notifications box on the Daytona Beach Campus homepage.

The Rave system will be tested at least once per year with advance notification to the campus community via email. The campus siren system is subject to a monthly internal silent test. In addition, the siren will be externally tested twice per year with advance notification communicated through campus wide email.

Any of the following personnel may authorize an emergency notification:

• Campus Safety & Security Director
• Campus Safety & Security Assistant Director
• Campus Safety & Security Shift Supervisor
• Assistant Vice President of Facilities
• Senior Vice President for Administration & Planning

When the evacuation of a building or specific area is required, Safety Officers and emergency personnel will provide directional guidance. The University community must follow the directives of Safety Officers and local emergency personnel.

While evacuating an area, always move away from the building to a minimum distance equal to the height of the building being evacuated. Be particularly careful not to block service roadways and entrances.

Campus Safety & Security Building Liaisons, C-CERT members, MED Club members, Student Crime Prevention Practitioners, and Housing & Residence Life Housing staff receive training in how to facilitate an emergency response. These groups may participate in residence hall fire drills, academic building severe weather response shelter-in-place drills or tabletop exercises each year.

The campus email publicizing the fall siren test will include a reminder for the campus community to reference the emergency procedures listed here. The fall siren test and Rave test will be documented by information from the systems and Campus Safety & Security Communications Center CAD entry.