Definitions
Coercion: Conduct or behavior that compels an action by intimidation, domination or an expressed or implied threat of physical or emotional harm that would reasonably place an individual in fear of harm and that is used to persuade a person to act.
Complaint: An oral or written request to the recipient to initiate the recipient’s grievance procedures as described in 106.45 and if applicable 106.46.
Complainant: A student, employee, guest or visitor who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX.
Confidential Employee: An employee whose communications are privileged under Federal or State law based on their role or responsibilities at the College.
Consent: Intelligent, knowing and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” (F.S.794.011)
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.
Disciplinary Sanctions: Consequences imposed on a respondent following a determination that the respondent violated the recipient’s prohibition on sex discrimination.
Domestic Violence: Defined as a felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the victim
- By a person with whom the victim shares a child in common
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
- 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
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Parental Status: (1) A biological parent, (2) An adoptive parent, (3) A foster parent, (4) A stepparent, (5) A legal custodian or guardian, (6) In loco parentis with respect to such a person, or (7) Actively seeking legal custody, guardianship, visitation, or adoption of such a person.
Pregnancy and Related Conditions: Includes pregnancy, childbirth, termination of pregnancy, or lactation; or medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions.
Respondent: A person who is alleged to have violated the recipient’s prohibition on sex discrimination.
Retaliation: Intimidating, threatening, coercing or discriminating against an individual for making a complaint, testifying, assisting or participating in an investigation, proceeding or hearing.
Sexual Harassment:
(1) Quid pro quo harassment. An employee, agent, or other person authorized by the
recipient to provide an aid, benefit, or service under the recipient’s education program
or activity explicitly or impliedly conditioning the provision of such an aid, benefit,
or service on a person’s participation in unwelcome sexual conduct;
(2) Hostile environment harassment. Unwelcome sex-based conduct that is sufficiently
severe or pervasive, that, based on the totality of the circumstances and evaluated
subjectively and objectively, denies or limits a person’s ability to participate in
or benefit from the recipient’s education program or activity (i.e., creates a hostile
environment).
(3) Specific Offenses. Sexual assault, Dating violence, Domestic violence, Stalking
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to experience fear or severe emotional distress.
Student: A person who has gained admission.
Supportive Measures: Non-disciplinary, non-punitive individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a party, and without fee or charge to the complainant or respondent to restore or preserve that party’s access to the recipient’s education program or activity, including temporary measures that burden a respondent imposed for non-punitive and non-disciplinary reasons and that are designed to protect the safety of the complainant or the recipient’s educational environment, or deter the respondent from engaging in sex-based harassment; or provide support during the recipient’s grievance procedures.
