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SEXUAL MISCONDUCT
(College Rule 6Hx23-4.332)
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Sexual Misconduct Policy and Definitions:
Students or employees found in violation of the following
sexual misconduct while on College property or during any
College related activity whether on or off campus will be
subject to disciplinary action including dismissal.
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The College will not tolerate the act of sexual
assault/battery or the attempt thereof. Sexual
assault/battery means oral, anal, or vaginal penetration
by, or union with, the sexual organ of another or the
anal or vaginal penetration of another by any other
object; however, sexual battery does not include an act
done for a bona fide medical purpose or an act done
with intelligent, knowing and voluntary consent.
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Sexual harassment will not be tolerated by the College. (See
Rule 6Hx23-2.011 for definition and Procedure P6Hx23-2.011 for reporting.)
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Public Indecency will not be tolerated by the College.
Public indecency means exposing one's body in such
a manner that another party reasonably could be
offended or engaging in other lewd or lascivious sexual
conduct where another party reasonably could be
offended.
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Voyeurism will not be tolerated by the College. Voyeurism means to trespass, to spy or eavesdrop for sexual arousal.
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Implementation:
The College shall publish in the Student Handbook,
College Catalog, Faculty Manual, Adjunct Faculty Manual
and Career Services Manual the policy statement that this
College will not tolerate sexual assault/battery or an
attempt thereof or any other sexual misconduct as defined
herein and further inform the students and employees of
the College and this policy and their rights and responsibilities.
In regards to sexual assault/battery, the annual
Supplement to the Faculty, Staff and Student Handbook
shall give an explanation of criminal statutes and penalties
for such conduct, an explanation of student and employee
rights and responsibilities including any College discipline
to the offender and the procedure to be used in such disciplinary
action, an explanation of the College's commitment
to victims' rights as contemplated in Chapters 794 and 960
of the Florida Statutes, an explanation of victims' rights and
the resources available to assist victims at the College and
in the community. All current and new students and
employees shall be given a copy of the annual Supplement
to the Faculty, Staff and Student Handbook. The College
shall at each of its orientation programs advise students
and employees of the problem, the needs and rights of victims,
resources available to assist victims, and encourage
the reporting of sexual misconduct and familiarize the students
with the annual Supplement to the Faculty, Staff and
Student Handbook.
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Criminal Conviction / On or Off Campus
Conduct:
The College further has a vital interest in the character of its
students and its employees and their on- or off-campus behavior.
Should a student or employee be convicted in a state or federal
course of sexual assault/battery or other sexual misconduct, whether
on or off the campus, that student or employee shall be subject to
discipline including dismissal.
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On-Campus or College Related Activities
Notification:
All allegations of sexual assault/battery or an attempt thereof or
other sexual misconduct shall be immediately reported to the Campus
Provost or Associate Provost and the Director of Human Resources or
their designees. The College employee reporting shall promptly
follow such initial report by a detailed written report to the
Director of Human Resources or his/her designee.
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Notification of Law Enforcement Agency:
The appropriate law enforcement agency shall be immediately notified
by the Director of Human Resources or his/her designee of any
incident where there are allegations of sexual assault/battery or an
attempt thereof or other sexual misconduct when occurring on college
property or during any College related activity or when requested by
an alleged victim. In the even of an emergency the law enforcement
agency shall be directly notified by the College employee receiving
the information followed by a prompt report to the persons listed in
IV. above.
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Campus Security Review:
Campus security and safety shall be reviewed annually by the Vice
President for Academic and Student Affairs and the College's
Security Coordinator in consultation with Associate Provosts and
provide a report to the Director of Human Resources or his/her
designee on or before April 1st of each year.
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