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Equity and Compliance

Equity and Compliance

Important University Definitions

 
 

Complainant(s): A person or persons alleging violations of FGCU-PR1.003, which includes allegations of violation(s) of Title IX of the Education Amendments Act of 1972 (Title IX).

Complaint: Allegations of a violation(s) of University Regulation, FGCU-PR1.003.

Consent: Consent is the mutual assent by words or actions to engage in a particular sexual activity that must be made voluntarily and competently by all parties. 

  1. In order for consent to be given voluntarily, it must be free from threat, force, intimidation, extortion, and undue influence.

  2. In order for consent to be given competently, all parties must have the capacity to consent. If one of the parties is incapacitated due to, among other things, drug or alcohol use, then that person(s) lacks the necessary capacity, and thus the competency required to consent.

Discrimination: The intentional or unintentional treatment of any member of the University community less favorably than those who are similarly situated based upon race, color, religion, age, disability, sex, national origin, marital status, genetic predisposition, sexual orientation, gender identity/gender expression, and/or veteran status.

Harassment: Unwelcome conduct, including electronic and written communication, that is based upon race, color, religion, age, disability, sex, national origin, marital status, genetic predisposition, sexual orientation, gender identity/gender expression, and/or veteran status. Harassment is further defined as behavior so severe, pervasive, or persistent that it limits a student’s ability to participate in or benefit from an educational program, undermines the responsibilities of the employee, and/or creates a hostile working or learning environment.

Intimate Partner Violence (Also known as “dating violence” or “domestic violence”): The use of physical violence, force, threats, intimidation, isolation, stalking, or other forms of emotional, sexual, or economic abuse directed towards an Intimate Partner. This can take the form of behavior(s) that intimidates, manipulates, humiliates, isolates, frightens, terrorizes, forces, threatens, blames, hurts, injures, or wounds someone. Intimate Partner Violence can be a single act or a pattern of behavior in relationships.

Intimate Partner: Persons who are or who have been dating, cohabitating, married, separated, or divorced, and may be of the same or opposite sex.

Respondent(s): A person or persons whose conduct is the subject of a complaint under FGCU-PR1.003.

Responsible Employee: An employee who has the authority to take action to redress the alleged misconduct, who has the duty to report the alleged misconduct to appropriate University officials, or an individual who would reasonably be believed to have the authority or responsibility to redress or report the alleged misconduct.

Retaliation: When an officer, agent, employee, student, contractor, vendor, or other third party takes an adverse action against an individual for his or her participation in protected activity. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination, harassment, or sexual misconduct. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation.

Sexual Assault: When a person(s) engages or attempts to engate in a particular sexual act with another person(s) against their will or when the person(s) is incapable of giving consent.

Sexual Harassment: Unwelcome conduct of a sexual nature including unwelcome sexual attention, which includes requests for sexual favors, and other verbal or physical conduct of a sexual nature from any person that is so severe, pervasive, or persistent that it limits a student’s ability to participate in or benefit from an educational program, undermines the responsibilities of the employee, and/or creates a hostile working or learning environment. Sexual violence is a form of sexual harassment.

Sexual Misconduct: An actual or attempted act of rape, sexual assault, sexual battery, sexual exploitation and other forms of non-consensual sexual activity.

Stalking: The repeated following, harassing, threatening, or intimidating of another by any action, including but not limited to use of telephone, mail, electronic communication, social media, or any other device or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death.

Title IX Coordinator: The University employee responsible for administering a centralized complaint filing process; for investigating complaints of gender inequity and/or sexual misconduct as defined in FGCU-PR1.003; for analyzing trends; and for monitoring overall compliance with this policy as it relates to Title IX compliance and related federal, state or local legislation and regulations. The OIEC Director also serves as the Title IX Coordinator.

IMPORTANT STATUTORY FLORIDA DEFINITIONS:

Sexual Battery (Title XLVI Ch. 794.011(1)(h)): 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. This does not include an act done for medical purposes.

Sexual Violence (Title XLVI Ch. 784.046(c)) any one incident of: 

  • Sexual Battery
  • Lewd or lascivious act committed to or in front of a person younger than 16 years-old
  • Luring/ enticing a child
  • Sexual performance by a child
  • Any other forcible felony wherein a sexual act is committed or attempted.

Domestic Violence (Title XLIII Ch. 741.28(2)): any assault, battery, aggravated assault, 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 house hold member.

Dating Violence (Title XLVI Ch. 784.046(1)(d)): Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

This relationship is determined by: 
  • the relationship must have existed in the past 6 months
  • The relationship exhibits affection or sexual involvement between the two
  • The frequency and types of interaction between parties must include the involvement in each other’s lives over time and on a continuous basis.

Stalking (Title XLVI Ch. 784.048(2)):A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.

  • Harass: 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: a pattern of conduct made up of a series of acts over a period of time, however short which evidences a continuity of purpose. NOT INCLUDING: picketing or organized protests.
  • Credible Threat:a verbal threat, non-verbal threat, or the combination of both: including threats delivered electronically or implied by a pattern of conduct, which places the person this is directed to in reasonable fear for his or her safety, the safety of his or her family, or individuals they are close to, and which is made with the apparent ability to carry out the threat/ cause harm.
  • Cyberstalk: 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.