Florida Tech prohibits any form of sexual misconduct. When sexual misconduct is brought to the attention of the university, Florida Tech will take prompt and appropriate action to end the misconduct and prevent its recurrence. All students should be aware the university is prepared to take action to prevent and correct such behavior. Mediation of sexual misconduct violations is prohibited. Individuals who engage in sexual misconduct are subject to disciplinary action through the Student Code of Conduct System, which may result in expulsion from the university.
Any sexual activity without consent given will be considered sexual misconduct. Consent must be free of force, threat, intimidation or coercion. Consent is given by an affirmative verbal response or acts that are unmistakable in their meaning. Consent cannot be given by a person who is asleep, intoxicated, incapacitated or unable to communicate without impaired judgment. Consent to one form of sexual activity does not mean consent is given to another type of activity or subsequent activities. Consent is revocable at any time. Sexual Misconduct includes sexual and gender-based harassment, sexual assault, dating violence, domestic violence and stalking.
Sexual Harassment—Attempting to coerce an unwilling person into a sexual relationship; to subject a person to unwanted sexual attention; to punish a refusal to comply; or to create a sexually intimidating, hostile or offensive work, social or educational environment. Sexual harassment is understood to include a wide range of behaviors from the actual coercing of sexual relations to the intimidating or embarrassing emphasis of sexual identity. This definition will be interpreted and applied consistent with generally accepted standards of mature behavior, academic freedom and freedom of expression.
Sexual harassment is a form of sex discrimination. It occurs in a variety of situations that share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation. Often sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors becomes a criterion for granting work, study or grading benefits.
Sexual harassment can occur in any type of relationship, involving faculty, staff, students, friends or strangers. Sexual harassment also involves relationships among equals. Power relationships and social dependencies exist between students as well, and may be exploited in ways that are damaging to either party. Students should therefore be aware of the offense that may be taken by any unwelcome sexual advance. Persistent requests for social encounters and favors, physical contact of a lewd type, indecent exposure, persistent requests for or realized sexual encounters, sexual crimes and rape constitute sexual harassment when they are accompanied by one or more of the following terms or conditions: explicit or implicit promises or rewards for cooperation, explicit or implicit threats of punishment for non-cooperation and/or intimidation that creates a hostile or offensive academic/work environment, interference with an individual’s scholastic/work performance, preventing an individual’s full enjoyment of educational/professional opportunities, or an action that induces conformance, stress, anxiety, fear or sickness on the part of the harassed person. Implicit in the legal definition of sexual harassment is the assumption that sexual harassment prevents the realization of the victim’s full potential as a student. A person sexually harassing another, who reports to him or her, is thus prohibiting the victim of the freedom to do his/her job, whether as a student or employee. Sexual harassment is considered an unethical and unprofessional as well as illegal behavior and will not be tolerated.
Sexual Assault—Any attempt to engage in any sexual or intimate act with another person without the consent of the other person or in circumstances in which the person is unable, due to age, alcohol/chemical or other impairment, mental deficiency or incapacity to give consent. It is the responsibility of the person initiating sexual or intimate activity to make sure the other person is capable of consenting to that activity.
Dating Violence—Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
Domestic Violence—Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the state of Florida, or 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 state of Florida.
Stalking—Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for one’s safety or the safety of others, or suffer substantial emotional distress. Refer to the Stalking Policy for further information.
Reporting Sexual Misconduct
The university encourages all sexual misconduct to be reported. Florida Tech will take prompt and appropriate action to end the misconduct and prevent its recurrence. All students have a right to report sexual misconduct by contacting one of the following:
More information on available resources, education, programming and Title IX can be found on the university’s website at http://www.fit.edu/title-ix/.