Terms and Definitions

Bullying — (including cyber bullying) is 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 First Amendment on the basis of actual or perceived membership in a protected class.

Coercion — unreasonable pressure for sexual activity, continued pressure beyond that point can be coercive.  When person “A” makes it clear they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure by person “B” is considered coercion.

Consent — An explicitly communicated, reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given and exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to participate voluntarily in sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other form of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts. Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.  In order to give consent, one must be of legal age. Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy.

Incapacitation — the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired, from developmental disability, by alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, involuntarily physically restrained, or otherwise unaware that the sexual activity is occurring.  An individual is incapacitated when s/he is not able to make rational, reasonable judgments, such as demonstrating that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual activity.  Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication.  Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements (such as walking without assistance), being unaware of circumstances or surroundings, or being unable to communicate for any reason.

Discrimination — the unjust or prejudicial treatment of people based on their ERAU protected class: race, color, national origin, sex, gender identity, gender expression, sexual orientation, disability, veteran status, predisposing genetic characteristic, age, religion, pregnancy status

Force — the use of physical violence and/or imposing on someone physically to gain sexual access.  Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me and I’ll do what you want.”).

Hazing — 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 (as defined further in the Hazing Policy) on the basis of actual or perceived membership in a protected class. Hazing is also illegal under Florida State law and prohibited by University policy.

Intimidation — implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class.

Intimate Partner Violence — Dating violence, domestic violence, or relationship violence. Intimate partner violence includes physically, sexually, economically and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threaten violence.  Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse.

Sexual Harassment — unwelcome sexual advances, requests for sexual favors, and other sex-based and/or gender-based physical, written, visual, or verbal conduct of a sexual nature where:  1.  Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or 3. Such conduct has the purpose or effect of: a. unreasonably interfering with an individual’s academic, social or professional performance; or b.  creating an intimidating, hostile, or demeaning employment or educational environment.

Stalking — a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome, AND would cause a reasonable person to feel fear. 

Retaliation — attempts or acts to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment, depriving participation in activities, or intent to prevent participation in University proceedings under this Policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of university policy.

Sexual Exploitation — an act or omission to act that involves taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for his or her own advantage or to benefit or advantage anyone other than the Reporting party.  Examples of sexual exploitation include, but are not limited to: 

• Creating a picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
• Sharing items described in the paragraph above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only or in retaliation for a relationship ending, the material is posted in a public area online or otherwise;
• Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
• “Peeping Tom” or voyeuristic behaviors;
• Engaging in sexual behavior with knowledge of an illness or disease (HIV,STD, or STI) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns;
• Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money or other benefit or reward;
• Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
• Exposing another person to pornographic material without the person’s advance knowledge or consent. Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex);
• Intentionally or recklessly exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sanctions — Sanctions are mandates that come out of being found responsible for a policy violation.  Possible student sanctions include warning, probation, housing move, housing suspension, suspension, dismissal, withholding diploma, organizational sanctions, educational opportunities, or other actions.  Possible employee sanctions include written warning, performance improvement plan, referral to the employee assistance program, required training or education, removal from roles of supervision or advising, demotion, loss of annual pay increase, suspension without pay, suspension with pay, revocation of tenure, or termination.

Records — Records of all grievances and resolutions will be kept by the Title IX Coordinator indefinitely in the Title IX Coordinator database.

Confidential Reporting — there are three confidential sources on campus to whom one may report, meaning they are not required to report actual or suspected discrimination or harassment, thereby offering options and advice without any obligation to inform the Director of Title IX Compliance.  These three confidential sources are the Counseling Center, Health and Wellness, and Campus Chaplains.