Annual Security Report

Jeanne Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (www.campussafety.org/schools/cleryact), codified at 20 USC 1092 (f). as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private institutions of postsecondary education participating in federal student aid programs are subject to it.

How do I obtain the Annual Security Report (ASR)?

You may request a hard copy of the ASR and crime stats through the Public Safety Office located in the Landon Student Union room 100, or go to www.barry.edu/public-safety/stats.

Crime Statistics

Reportable crimes, as defined by the "Campus Security Act of 1990 (Jeanne Clery Act)" are listed on the Public Safety website. Information about other crimes committed on campus is available on the Public Safety Daily Crime Blog. Please click on the calendar year on the left to view the Crime Stats in compliance with the Clery Act.

Who is responsible for the Annual Security Report?

The Director of Public Safety is responsible for compiling the Annual report and yearly stats.

Campus Security Authorities (CSA)

The Clery Act requires that in addition to campus law enforcement, staff designated as Campus Security Authorities (CSA) provide statistics for this report

What is a CSA?

A CSA is a person referred to as a campus security authority by the Clery Act.  CSA's are a vital part of data collection for the annual safety and security report.
The Clery Act requires Barry University to provide an annual safety and security report. In addition to input from law enforcement, certain staff positions are designated as Campus Security Authorities (CSA) for the purpose of providing information for this report. CSAs are usually found in departments responsible for, but not limited to, student and campus activities, safety/security, discipline, housing, athletics, human resources or judicial proceedings. This designation also includes any individual who has been specified by Barry University to receive and report offenses.
CSA's are responsible for reporting the number of crimes and incidents as described in the Clery Act that occur in their department to the Barry University Public Safety Department. These numbers are then included in the federally mandated Clery Report, which is distributed every year in the beginning of October

Has the University identified CSA’s?

Yes the following departments represent CSA's:

  • Public Safety
  • Dean of Students
  • Residence Life
  • Athletic Coaches
  • Student Advocacy
  • Health Center
  • Faculty Advisors

Does Barry University participate in Emergency Preparedness exercises?

Yes, the university's Crisis Management Team does participate in training exercises. The most recent was a tabletop exercise that was held on January 5, 2012. This tabletop included our local police and fire departments.

Who is responsible for personal safety and security?

Personal safety and security is everyone’s responsibility. Please review these policy statements and bookmark the Barry University Public Safety webpage at www.barry.edu for future reference. Staying informed is the first the step to ensure that our campus facilities will be as safe and secure as possible for all to use and enjoy.

How does Barry University report the Clery Act Annual Disclosure of Crime Statistics?

The annual disclosure of campus crime statistics is prepared by the Barry University Public Safety Departments in conjunction with the Offices of Residence Life and housing and the Dean of Students office and the local police departments that serve and protect our campuses. The required three years of crime statistics and full text of the annual disclosure are located on the Barry University Public Safety webpage at www.barry.edu. Copies of this report may also be obtained upon request at the Landon Student Union office of the Public Safety Department.

How can I report criminal actions and emergencies?

Barry University has Public Safety personnel on duty 24 hours per day, seven days per week. To report a crime or an emergency, contact the Campus Public Safety Department by phone or in person at the offices listed below. You may also report criminal actions and emergencies to any Public Safety Officer or use any of the emergency telephones located throughout the campuses and in all elevators. For all major life threatening emergencies, please call 911 and the appropriate Campus Public Safety Department.

Public Safety Dispatch Office
24 hours a day
Thomson Hall 111
305-899-3333

Public Safety Office
M-F 9am-5pm
Landon Student Union 100
305-899-3335

Crime Prevention Office
Thompson Hall 111
305-899-3338

How can I voluntary report a crime in anonymous manner?

Barry University has a “Silent Witness” Program this allows a person to make an anonymous report of any crime that takes place on Barry University. www.barry.edu/public-safety/silent-witness

How does Barry University report crime to the campus community?

The Public Safety Department publishes the crime statistics on line at www.barry.edu yearly, in addition there is a daily crime blog and the public safety web page.

Which Law Enforcement Agency responds to Barry University?

The campus resides within the jurisdiction of the Miami Shores police department. The Miami Shore police department works closely with the Public Safety department as incidents occur and conduct any follow up investigations that are required. Additional facilities and housing owned by the “University is within the jurisdiction of the North Miami Police Department and the Miami Dade Police Department.

Does the Public Safety Department have arrest powers?

The Public Safety Department has no arrest powers. They work closely with the local law enforcement agencies that have jurisdiction at the Barry Universities locations.

How does Public Safety maintain campus facilities in a manner upholding safety and security?

  • Public Safety regularly monitors the condition of all facilities within the campuses and specifically focuses on issues related to safety.
  • All problems are corrected in a timely manner when identified to the appropriate authorities for action.
  • All requests for service involving security-related issues are treated as priority.
  • Public Safety regularly monitors campus lighting and repairs are affected in a timely manner.

How do I access the State of Florida Sexual Predator data base?

Florida Sexual Offenders and Predators

What additional crimes have been added to the category of hate crimes?

The current regulations added the crimes of larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property to the list of crimes that must be reported in the hate crimes statistics.

How does Barry University inform students and employees about campus security procedures and practices?

Security procedures and practices are addressed at orientation programs for new students and employees. Significant changes to College policies or procedures relating to security will be provided in College publications for distribution by campuses to students and employees.

What are the university procedures of campus notification during an emergency?

Our "Barry Alert" system will utilize an audible alarm followed by verbal instructions to alert all campus personnel of an emergency or dangerous situation. LED monitors and televisions throughout the campus will scroll the same message as the audible alert. We will also use Blackboard Connect to send out emails, voice mails and text messages to all Barry staff, faculty, and students that are registered. The alert will be sent with specific instructions to seek safe shelter or remain in place. The Public Safety Department and the responding police agency will verify the incident prior to the alert being sent. Updates on the incident will be sent based on the information provided by the police agency on scene. The alerts will be sent out to the Barry Community by the Public Safety dispatch office or the Assistant Vice President, Communications and Marketing.

How is the information disseminated to the larger community?

The assistant Vice President for Communications and Marketing is responsible for all press releases to the media.

Are there programs to inform students and employees about the prevention of crime?

Yes. Barry University Crime Prevention conducts an awareness campaign for students and employees every year in September. The Campus Public Safety Department also offers crime prevention programs as part of their Campus Crime Watch.

Does the University provide programs that address the topics of sexual assault, domestic violence, dating violence and stalking?

Yes, we provided the following programs:

  • Dating Awareness: Consensual or Not Consensual, Do you Know the Difference?
  • Through His Eyes to Her Mind (educating women on how they can avoid possible sexual assault situations)
  • What Men Should Know About Sexual Assault
  • Empower Yourself (educating women of sexual assault and basic self-defense)
  • Be Safe
  • RAD*
  • True Soldier Stands Up (education men on sexual assault and how one decision can change your life)
  • Sexual Assault Awareness Week (April)*
  • Domestic Violence Awareness and Prevention (October)*
  • Civility and Respect Forum (Domestic Violence w/ past speakers from the Miami Dade Police Dept. –Special Victims Bureau)

The following programs offered (fall 2013- spring 2014):

Be Safe, Empower Yourself - Program set up as a forum with a panel to discuss various social issues such as domestic violence, dating violence, sexual assault, bullying, etc…the forum is geared towards discussions on how to tell if a relationship is abusive, recognizing different types of abuse and violence, how to get help, how to stay safe and how to be supportive if a friend is being abused. (offered at least once a semester)

Domestic Violence Awareness & Prevention Day - Program organizes a day that includes local public service departments to provide information and resources, national statistic displays, discussion that usually includes a key note speaker familiar with domestic violence, and a self- defense program such as RAD and/or S.A.F.E. (offered at least once a semester, usually in correlation with the “College Brides Walk” event)

Let’s Talk About It - Presenters Kelly and Becca (while in college) endured a personal experience with sexual assault that forever changed their lives and sent them on a journey to uncover true sexual empowerment. The student join them in a frank conversation to empower students to revolutionize their campus climate and culture and simply explain what sexual assault is and how it can be prevented. (offered at least once a semester, this or a similar program)

Men's National White Ribbon Campaign - Male students, faculty and staff are invited to wear a white ribbon and sign a pledge stating that they will never commit, condone or remain silent about violence against others. White ribbons will be distributed along with domestic violence/sexual violence prevention pamphlets. (offered once a semester)

RAD (Rape Aggression Defense) - A program of realistic self-defense tactics and techniques for women. The R.A.D. System is a comprehensive, women-only course that begins with awareness, prevention, risk reduction and risk avoidance, while progressing on to the basics of hands-on defense training. R.A.D. is not a Martial Arts program. These courses are taught by nationally certified R.A.D. Instructors and provide each student with a workbook/reference manual. (contact Ed Londono @ X3073 for more information on how often the course is offered)

Sexual Assault Awareness Week - Program organized with a week of events to promote sexual assault awareness and prevention. The program includes tabling that provides information and resources to assist those in need, statistic displays that shows national data, pledges for those who wish to support in prevention and awareness, self-defense program for those who want to be more aware/proactive and group discussions about sexual assault awareness and how to help. (offered once a semester)

The Hook Up - A nationally recognized program that facilitates a discussion about hooking up, sexual assault, and bystander intervention. It also touches on the importance of consent, examines perpetrators’ use of hook-up culture norms, such as alcohol, to mask true intentions, and breaks through the myth that rape is really just a regretted sexual experience. Helpful information regarding making healthy relationship choices is also distributed at the event. (offered at least once a semester, this or a similar program)

Women Get S.A.F.E. - 3 hour program that is designed to educate women on how to become more aware of their surroundings and how to protect themselves from crime. (offered twice per semester)

What is our missing person’s procedure?

The following procedures will be listed in the Guidebook for Resident Students as well as in the Resident Assistant Manual and information provided at check-in.

When completing the Room Condition Report upon checking-in to an assigned space, the student will have the option to identify an individual to be contacted no later than 24 hours after the time the student is determined missing. This person will be the emergency contact designated.

If a student is under the age of 18 and is not emancipated; the Department of Housing and Residence Life is required to notify the emergency contact designee no later than 24 hours following the determination that the student is missing. This contact will be the emergency contact listed on the emergency contact form all students fill out during the check-in process. It is up to all students to ensure that the Department of Housing and Residence Life has the most up to date emergency contact information. Housing and Residence Life will make every effort to ensure that these records are accurate and up to date.

If a student is thought to be missing, Barry University Department of Housing and Residence Life will make the determination of whether the student has been missing and for how long. Should the student be determined to be missing for 24 hours or more, Housing and Residence Life staff will contact the Department of Public Safety and the designated emergency contact. In addition, the Director of Housing and Residence Life and the Associate Vice-President for Student Affairs/Dean of Students will be contacted.

What are our Fire Statistics?

HallDateAlarm
Browne Hall10/25/2009False Fire Alarm
Weber Hall10/22/2009False Fire Alarm
Mottram Doss Hall10/15/2009Other: Pulled Alarm False
Benincasa Hall9/19/2009Other

What are the descriptions of the fire safety system for each on-campus student housing facility?

DALTON & DUNSPAUGH BUILDING
NOTIFIER Model # AFP-400
Circuit styles SLC-4
Number of Circuits - 2
Manual Fire Alarm Boxes - 24 (Model NBG-10)
Photo Detectors - 106 (Model FSP-751 & P12/24]
Horns Strobes – 28 - (Model WEECLOCK ET70)
Battery type - Sealed Lead-Acid

FLOOD HALL
SIMPLEX Model # 4001
Circuit styles B
Number of Circuits - 4
Manual Fire Alarm Boxes - 6 (Model SIMPLEX)
ION Detectors - 1 (Model FL-1400)
Horns Strobes - 14 (Model SIMPLEX)
Strobes - 17 (Model SIMPLEX)
Battery type – Sealed Lead-Acid

RENEE MOTTROM DOSS
FIRE LITE Model # MS-2
Circuit styles B
Number of Circuits – 4
Manual Fire Alarm Boxes - 12 (Model FIRE LITE BG-10)
Horns Strobes – 12 (Model NS SERIES)
Battery type – Sealed Lead-Acid

WEBER HALL
NOTIFIER Model # AFP-400
Circuit styles B&Y & SLC-4
Number of Circuits – 4
Manual Fire Alarm Boxes - 14 (Model NBG-12)
Photo Detectors - 103 (Model FSP-751)
Heat Detectors – 3 (Model FST-751)
Horns – 45 (Model WHEELOCK ET70)
Strobes – 4 (Model WHEELOCK RSS)
Battery type – Sealed Lead-Acid

SAGE HALL
FARADAY Model # 15001
Circuit styles B&Y
Number of Circuits – 2
Manual Fire Alarm Boxes - 10 (Model 500-694508FA)
Photo Detectors - 1 (Model SYSTEM SENSOR 1451)
Horns – 8 (Model 500-648125FA)
Battery type – Sealed Lead-Acid

BROWNE HALL
UNIMODE SYS Model # 4520
Circuit styles B&Y
Number of Circuits – 2
Manual Fire Alarm Boxes - 4 (Model FIRE LITE BG-10)
Photo Detectors - 1 (Model SENSOR 2451)
Horns – 12 (Model FARADAY 6120B)
Battery type – Sealed Lead-Acid
Holly House Apartments
FIRE LITE Model # 2400
Circuit styles Y
Photo Detectors - 3 (Model FIRE LITE 2400)
Battery type – Sealed Lead-Acid

VILLA
Model # SFP-400B
Circuit styles BNumber of Circuits –
4Manual Fire Alarm Boxes - 8 (Model NBG-12)
Photo Detectors - 1 (Model NBG-12XL)
Horns Strobes – 36 (Model NS-24MCW)
Strobes – 12 (Model SERIES RSS)
Battery type – Sealed Lead-Acid

BENINCASA
Edwards System Technology (EST 2v)

KOLASA
Siemens MXL-1Q system with voice.

How many fire drills did we do in our residence halls?

HallDateAlarm
Benincasa Hall2/3/2014Planned Fire Drill
Browne Hall2/4/2014Planned Fire Drill
Dalton & Dunspaugh1/31/2014Planned Fire Drill
Dominican Hall2/3/2014Planned Fire Drill
Flood Hall2/17/2014Planned Fire Drill
Holly House2/18/2014Planned Fire Drill
Kolasa Hall2/14/2014Planned Fire Drill
Mottram Doss Hall2/18/2014Planned Fire Drill
Sage Hall1/30/2014Planned Fire Drill
Weber Hall1/31/2014Planned Fire Drill

What are our polices on electrical appliances, smoking and open flames in student housing?

Cooking, Cooking appliances, Cooking spaces, and Reservations

  • Indoor cooking is possible in the residence halls outfitted with kitchens. Kitchens within the St. Catherine University Apartment Community, St. Martin House, St. John House, St. Aquinas House, The University Villas, St. Magdalene, and St. Dominic House and Holly House Apartments are intended for primary cooking. Students living in all facilities but Holly House Apartments are required to have a meal plan.
  • Improper use of any kitchen facility will result in a Health and Safety Violation and disciplinary action.
  • Only low wattage appliances which do not produce grease, smoke-laden vapors or that have no open elements are permitted in university housing.
  • Microwaves and refrigerators are permitted in all other housing areas, as long as it does not exceed six (6) cubic feet. Microwaves can also be brought by residents as long as they do not exceed 500 watts in power.
  • Items permitted include; hot air popcorn popper, small electric grill (i.e. George Foreman grill), toaster oven, small convection oven, food processor, crock pot, blender, electric mixer and coffee maker.
  • Items not mentioned as permitted are prohibited. Housing and Residence Life staff will request that the resident remove any unauthorized appliance or may remove the appliance until the resident finds arrangements for the items outside of University Housing, (Removal of Unapproved Items).
  • Items not permitted include; toasters, deep fryers, hot plates, appliances with open heating elements. (Toasters are permitted in the university housing units with kitchens as these are intended as primary cooking facilities).
  • To avoid setting off your local smoke detector, follow these basic steps for cooking: turn on exhaust fan, turn on the air handler, and clean your oven regularly. Should a local alarm sound, contact the RA on duty or Housing staff for assistance. The Residence Life staff member will respond when necessary. Should a pattern form in a specific apartment/housing unit indicating misuse of local alarms, disciplinary action will be taken.
  • Residents are responsible for proper use of cooking appliances.
  • In the Houses/Apartment Community, residents are permitted to use personal charcoal barbeque grills at a safe distance (at least 20 feet or more) from buildings and entrances. These grills must be stored inside of the apartment. Grills are not permitted at all in the Residence Halls or on the grounds of the Residence Hall area. The use of grills is not permitted under any covered walkways, landings, entrances, balconies or stairwells. Grills are not permitted at Holly House Apartments.
  • Possession of propane grills, hibachis and gas grills in student living areas are prohibited.
  • Vending machines are located throughout campus. Vandalism will result in disciplinary action.

Smoking

  • All university housing facilities are designated as non-smoking areas, in compliance with the Florida Clean Indoor Act. All residents and guests who wish to smoke tobacco must do so at least 20 feet away from any building including overhangs, balconies, stairways and entranceways. Barry University implements this “No Smoking” policy: No public area or work area controlled by the university will be a smoking area, including, but not limited to, private offices, classrooms, academic buildings, meeting rooms, lobbies, restrooms, stairwells, and break rooms.

Candles, Open Flames, Fires, Incense, Open Heating Elements

Possession of candles (unless wicks are clipped to the wax), open flames, incense, hot plates or other heating units with an open flame or heating element are prohibited. No fires may be started and/or cultivated on university owned property. This includes, but is not limited to - campfires, bonfires and/or burning trash or other materials. Residents may utilize stationary barbecue grills provided around the residence halls if they wish to cook-out. Fireworks may not be kept within any residence hall unit and/or set off anywhere on university property.

Extension Cords

For the protection of the University Housing community, the Department of Housing and Residence Life has established some extension cord guidelines. Residents are permitted to use only extension cords with the following restrictions:

  • UL approved three-pronged extension cords that are 14 gauge or heavier (NOTE: The lower the gauge number the heavier/thicker the cord).
  • Cords cannot exceed 10 feet in length.
  • Cords cannot impede safe traffic in the unit.
  • Cords must not be pinched in doors.
  • Only ONE appliance may be plugged into a multi-plug adapter.
  • Only UL approved multi-plug adapters with circuit breakers are permitted.
  • Under no circumstances are residents permitted to overload the electrical system.

What our policies are for student evacuations?

Fire Alarms/Fire Drills/Fire Safety Equipment

Under Florida law, it is a crime to intentionally set a fire, intentionally cause a false fire alarm, or interfere with fire safety or detection equipment or measures, (Florida Statute 806.10 and Florida Statute, Section 806.101). During the academic year, students will be informed about emergency evacuation of University Housing. Each building/apartment is equipped with a fire alarm system. These systems are regularly inspected. Smoke detectors are located in every apartment/suite area. Emergency lights are located in the hallways and stairwells of each community. Fire extinguishers are located in hallways or community areas of each community. There will be one fire drill within the first three weeks of the fall, spring and summer a semesters. It is essential that all students evacuate the apartment/building whenever the fire alarm is activated. Failure to do so may jeopardize the safety of all residents and will result in disciplinary action and a fine of $150.00. Special precautions should be taken by all students to reduce the danger of fire in their living areas.

When resident students hear their building's fire alarm, they are expected to:

  • Immediately exit the building, closing their room door;
  • Always assume an emergency, never a false alarm;
  • Use stairs, not elevators;
  • Assemble in the designated meeting place for your area posted below. The Housing and Residence Life staff will notify residents when it is safe to re-enter the building.
  • Once outside the building, follow the direction of Housing and Residence Life staff.
  • When evacuating the building, residents should be fully clothed as they may be outside of the building for an extended period of time.
  • See your RA for area specific information regarding building evacuation.
  • If the door or handle is warm to the touch or smoke is in the hallway, stay in the room with the door closed, call 911, and attract attention at a window; and
  • Crawl on floor or stairs, where air is fresher, if smoke is encountered.

When resident students see smoke or fire, they are instructed to:

  • Pull the nearest building alarm
  • Close their room door and safely exit the building
  • Call 911
  • Never attempt to fight or put out a fire
  • Tell fire authorities or Police the location of fire or smoke
  • Assemble in the designated meeting place for your area posted below. The Residence Life staff will notify residents when it is safe to re-enter the building
  • Once outside the building, follow the direction of Housing and Residence Life staff
  • When evacuating the building, residents should be fully clothed as they may be outside of the building for an extended period of time
  • See your RA for area specific information regarding building evacuation

Fire Muster Stations

Browne: Sand Volleyball Court
Sage: Grass Area in Back of Weber
D&D: Grass Area in Back of Weber
Weber: Grass Area Left of Pool
MD: Across first parking lot in front of powers
Flood: Across first parking in front of powers
Kolasa: Grass area in between athletics and Kolasa Hall
Benincasa: Grass area towards athletic fields
Holly House: North West Corner of parking lot
Dominican Hall: South side of building near soccer field entrance

Who do you contact if a fire has occurred?

A list of titles of each person to which individuals should report that a fire has occurred.

  • Resident Assistant
  • Residence Coordinator
  • Assistant/Associate Director of Housing and Residence Life
  • Director of Housing and Residence Life
  • Associate Vice President/Dean of Students
  • Vice President of Student Affairs
  • Public Safety Dispatch
  • Assistant Director of Public Safety
  • Director of Public Safety
  • Facilties Manager
  • Assistant Vice President of Facilities Management
  • Miami Shores Police Department
  • Miami Dade Fire Rescue

Timely Warnings

In the event a serious situation arises, either on or near campus, which constitutes an ongoing or continuing threat, a campus wide "timely warning" will be issued. The warning will be issued to students, faculty, and staff.

Source: Federal Register, April 29, 1994, Vol. 59, No. 82; Federal Register, November 1, 1999, Vol. 64, No. 210.

What is the Barry Univeristy Sexual Misconduct Policy for students regarding sexual assault, domestic violence, dating violence?

Sexual Misconduct Policy

Barry University is committed to providing the best possible setting for carrying out its educational mission. An essential component of this environment is an atmosphere in which all members of the university community have an equal opportunity to work, to learn, and to develop. The Division of Student Affairs, in an effort to educate students and others, provides programs throughout the year that focus on individual responsibilities regarding sexual misconduct and how to avoid, confront, report and eliminate it from the campus environment.

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”) prohibits discrimination on the basis of sex in education programs or activities that receive Federal financial assistance.  Sexual Misconduct, as defined in this policy, is a form of sex discrimination prohibited by Title IX.  Barry University is committed to providing programs, activities and an educational environment free from sex discrimination. 

The following university policies and guidelines are established for students who seek information and assistance with intervention strategies should they be a victim of or witness to sexual harassment or assault.  When an allegation of sexual misconduct is investigated, and a responding member of this University community is found to have violated this policy, serious sanctions may be imposed in an effort to ensure that such actions are not repeated.  Any attempt to violate any portion of this policy is considered sufficient for having committed the violation itself.  The use of alcohol or other drugs will not be accepted as a defense or mitigating factor to a violation of this policy.  These policies apply regardless of the complainant’s or respondent’s race, ethnicity, gender, sexual orientation, religion, age, nationality or ability.  Also, prohibitions against discrimination and harassment do not extend to statements or written materials that are germane to the classroom or academic course of study.

Title IX and the university also prohibit gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

A student’s safety, well being and health are the primary concerns of Barry University.  If you or someone you know may be the victim of any type of sexual misconduct, you are strongly urged to seek immediate assistance.   Assistance can be obtained, 24 hours a day, 7 days week from:

  • Miami Shores Police Department  911
  • Barry University Public Safety (305) 899-3333 or x3333 from any campus phone
  • Dade County Roxy Boulton Rape Treatment Center (305) 585-5185
  • Broward County Rape Treatment Center (954) 357-5775
  • Switchboard of Miami Crisis Hotline (305) 358-4357

During office hours (Monday through Friday 9:00 am to 5:00 pm) students are strongly urged to contact the Dean of Students (in person in Landon Student Union, suite 101, by telephone (305) 899-4925, or by e-mail at deanofstudents@barry.edu) as soon as possible to report any acts of sexual misconduct you believe may have occurred.

Sexual Harassment

For purposes of this policy, sexual harassment is unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when:

  • Submission to the conduct is an explicit or implicit term or condition of employment, or
  • submission to or rejection of the conduct is used as the basis for an employment decision, or
  • the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
  • The conduct is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, limiting or depriving someone of the ability to participate in or benefit from the university’s educational program, activities and/or employment, and is;
  • Based on power (quid pro quo), the creation of a hostile environment, or retaliation

Sexual harassment is conduct based on sex, whether directed towards a person of the opposite sex or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented “kidding” or “teasing,” “practical jokes,” jokes about obscene or visual material and physical contact such as patting, pinching, or brushing against another person’s body.  It also includes unwelcome communications (verbal or written) of a sexual nature; failure to accept the termination of a consensual relationship with repeated and persistent requests and behavior.

Sexual Misconduct

Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual Misconduct includes sexual harassment, sexual assault, and any conduct of a sexual nature that is without consent, or has the effect of threatening or intimidating the person against whom such conduct is directed. State laws vary on defining acts which constitute sexual misconduct. Generally sexual misconduct can involve any of the following acts:

  • Intentionally indecent and/or offensive actions that are of a sexual nature including, but not limited to voyeurism, exposure, sexually explicit communication (i.e., electronic and voice messages, photos, pictures, graphics, etc.)
  • Sexually explicit touching or attempt of such touching.  This includes, but is not limited to, the touching, either directly or through clothing, of another person’s genitalia, breasts, inner thigh, or buttocks of any person with a clothed or unclothed body part or object;
  • Exposing his or her genitals under circumstances likely to cause affront or alarm;
  • Having sexual contact in the presence of a third person or persons under circumstances likely to cause affront or alarm;
  • Having sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person;
  • Soliciting or requesting another person to engage in sexual conduct under circumstances in which s/he knows that her/his requests or solicitation is likely to cause affront or alarm;

Sexual Assault

Sexual assault is physical contact of a sexual nature without clear, voluntary, intelligent, or knowing consent.  In the state of Florida, sexual assault is legally referred to as sexual battery and is defined in Florida State Statute 794.011 as “any 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.”  Individuals cannot give permission or consent if they are obviously incapacitated by any drug or intoxicant.  They cannot give consent if they are unaware, unconscious, asleep, or physically or mentally unable to communicate non-consent.  Furthermore, individuals cannot be forced, threatened, coerced, or deceived into giving consent, which may be especially pertinent in disciplinary or supervisory relationships.

Consent

Consent is an exchange of words or actions that show an active, knowing and voluntary agreement to engage in mutually agreed upon sexually explicit touching or penetration.  Consent must be informed, and freely and actively given.  Each individual involved in the activity is responsible to either obtain or give consent prior to any sexual activity.  If at any time during sexual interaction confusion should arise on the issue of consent, it is the responsibility of each individual involved to stop and clarify, verbally, the other’s willingness to continue.  Past consent to sexual activity does not imply future consent.

Consent may never be given by a minor (in the State of Florida, the age of consent to engage in sexual activity is 18; however, if a person is less than 24 years old, they may enter into consensual sexual contact with a person who is at least 16 years old).

Consent cannot be obtained through the use of physical force, threats, coercion (this includes the administration of a drug or substance that impairs the faculties of a person) or intimidation.

Consent may never be given by someone who is physically incapacitated as a result of alcohol or drug consumption (voluntary or involuntary) or who is unconscious, unaware, or otherwise physically helpless.  One may not engage in sexual activity with another who one knows or should reasonable know to be physically incapacitated.

A student’s use of alcohol and/or drugs shall not diminish the student’s responsibility to obtain consent before engaging in any sexual activity.

Non-Consensual Sexual Contact

This is any intentional sexual touching, however slight, with any object, by a man or a woman, upon a man or woman that is without consent and/or by force.

Examples of this behavior include, but are not limited to:

  • Intentional contact with the breast, buttocks, groin, or genitals;
  • Intentional touching of another with breast, buttocks, groin, or genitals;
  • Making another person touch someone or themselves in a sexual manner;
  • Any intentional bodily contact in a sexual manner.

Non-Consensual Sexual Intercourse

This is any sexual intercourse however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Exploitaiton

This occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy;
  • Prostituting another student;
  • Non-consensual video or audio-taping of sexual activity;
  • Going beyond the boundaries of consent (such as letting your friends hide in the close to watch you having consensual sex);
  • Engaging in voyeurism;
  • Knowingly transmitting an STI or HIV to another student;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be a form of sexual exploitation.

Support and Resources

The University encourages students to make use of all appropriate resources and will assist students in an allegation of sexual misconduct.  The primary resource for student is the Dean of Students, located in suite 102 of the Landon Student Union.  Other resources include the Center for Counseling and Psychological Services (Landon Student Union, suite105), the Student Health Center (Landon Student Union, suite 104), Department of Housing and Residence Life (Landon Student Union, suite 305), Campus Ministry (in Cor Jesu chapel) and the Office of Public Safety (Landon Student Union, suite 304).

The University shall enforce this policy through the means of the student conduct system and through enforcement of the Student Code of Conduct.  Sexual offenses are considered as major violations of the Student Code of Conduct, and students found responsible are subject to sanctions up to and including expulsion from the university.

Acknowledgements:
Georgetown University Sexual Misconduct and Sexual Assault Policy
Sokolow, Brett A., NCHERM “Creating a Proactive Campus Sexual Misconduct Policy”.

What is the Barry University Stalking Policy and Procedures?

Statement of Purpose:

Barry University is determined to provide a campus atmosphere free of violence and harassment for all members of the campus community. As a result, Barry University does not tolerate stalking and will pursue the perpetrators of such acts to the fullest extent possible. Barry University is also committed to supporting victims of stalking through the appropriate provision of safety and support services. This policy applies equally to all members of the Barry University’s community: students, faculty, administrators, staff, contract employees, volunteers and campus visitors. Incidents occurring on and/or off campus are subject to the university discipline process when such actions affect the learning/work environment or operations of the university.

Stalking incidents are occurring at an alarming rate on the nation’s college campuses.  It is a crime that happens to men and women of all races/ethnicities, religions, ages, abilities, sexual orientation, and sexual identify.  It is a crime that can affect every aspect of a victim’s life.  Stalking often begins with phone calls, emails, social networking posts and/or letter and can sometimes escalate to violence.

Stalking is a crime in the state of Florida and is subject to criminal prosecution.  Student perpetrating such acts of violence will be subject to disciplinary action through Barry’s Office of the Dean of Students.  This can include expulsion from Barry University and/or criminal prosecution simultaneously.

Policy Jurisdiction

This policy applies equally to all full or part-time Barry University students. 

Definition of Stalking:

Stalking is a course of conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to suffer emotional distress or fear for his or her safety, security, or well-being. Stalking includes, but is not limited to, repeated harassing or threatening (implicit or explicit) behaviors. Course of conduct is defined as “a pattern of actions composed of more than once act over a period of time, however short, supporting a continuity of conduct.”

Examples of stalking behavior include, but are not limited to:

  • Repeatedly following or pursuing a person;
  • Appearing at their place of residence, place of business, or classrooms;
  • Making threatening or obscene gestures;
  • Non-consensual communication, including, but not limited to, face-to-face, telephone calls,  voice messages, text messages, electronic mail, social networking site postings, postings of pictures or information on websites, written letters, unwanted gifts, or any other communications that are undesired and/or place another person in fear;
  • Surveillance and other types of observations including staring, “peeping”.
  • Direct physical and/or verbal threats against a victim or a victim’s family member
  • Gathering of information about a victim from family, friends, co-workers, and/or classmates
  • Manipulative and controlling behaviors such as threats to harm self or threats to harm someone close to the victim
  • Trespassing
  • Non-consensual touching
  • Vandalizing personal property
  • Defamation or slander (lying to others about the victim).
  • Cyber stalking: (also known as online harassment or electronic stalking) is defined as the persistent offensive, threatening communication through the Internet, via e-mail, chat rooms or instant messaging or through other electronic means. This includes the use of online, electronic, or digital technologies, including:
  • Posting of pictures or information in chat rooms or on websites
  • Sending unwanted/unsolicited email or talk request(s).
  • Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards
  • Installing spyware on a victim’s computer
  • Using Global Positioning Systems (GPS) to monitor a victim

Reporting Stalking

Barry University strongly encourages individuals to report suspected stalking situations to the appropriate law enforcement agencies and university officials. Reporting the stalking incidents is the most effective way action can be taken against the alleged stalker. The Office of the Dean of Students is available to inform victims of the reporting procedures and offer appropriate referral.  Barry University offers services to victim even if they choose not to report the incident.  The Office of the Dean of Students provides services, advocates and information for victims in a safe and confidential setting. 

In certain instances, Barry University may need to report an incident to law enforcement authorities.  Such circumstances include any incidents that warrant the undertaking of additional safety and security measures to the protection of the victim and the campus community or other situation in which there is clear and imminent danger, and when a weapon may be involved.  This decision will be made by the Vice President for Student Affairs or his/her designee.

Safety for Victims of Stalking

Barry University is committed to supporting victims of stalking by providing the necessary safety and support services.  Student victims of stalking are entitled to reasonable accommodations.  Because of the complex nature of this problem, the student victim may need additional assistance in obtaining one or more of the following areas:

  • No-contact order
  • Change in academic schedule
  • Change in housing location
  • Imposition of interim suspension of the accused
  • Provision of resources for medical and/or psychological support

For assist6ance obtaining these safety accommodations, please contact the Office of the Dean of Students.  If safety is an immediate concern, call the Office of Public Safety.

Stalking Victims’ Rights

Students on Barry’s campus have the right to live free of behaviors that interfere with students’ educational goals.  Students who report stalking have the right to:

  • Be treated with dignity and respect, not subjected to biased attitudes or judgments
  • Not having past and irrelevant conduct discussed during any resulting student conduct proceeding
  • Changes in academic and/or living situation, if possible.
  • All support services available regarding of the victim’s choice of whether or not to file a university and/or criminal complaint
  • Having one’s identity protected, as per the Student Code of Conduct or other legal requirements.

Student Conduct Process

Conduct sanctions for violations of this stalking policy and/or  the Student Code of Conduct will be imposed in accordance with application policies found the in Student Handbook, including, but not limited to, expulsion from the University.

Accused students should refer to the Office of the Dean of Students and/or the Barry University Student Handbook for more information on their rights, resolution of student conduct charges, conduct procedures and responsibilities.

Adapted with permission from The Stalking Resource Center, The National Center for Victims of Crime and CALCASA (California Coalition Against Sexual Assault) “Model Campus Stalking Policy”.

 

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