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SEXUAL MISCONDUCT
(College Rule 6Hx23-4.332)
  1. 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.

    1. 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.



    2. Sexual harassment will not be tolerated by the College. (See Rule 6Hx23-2.011 for definition and Procedure P6Hx23-2.011 for reporting.)
       

    3. 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.

    4. Voyeurism will not be tolerated by the College. Voyeurism means to trespass, to spy or eavesdrop for sexual arousal.


  2. 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.
     

  3. 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.
     

  4. 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.
     

  5. 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.
     

  6. 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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Last revised May 29, 2008
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