SEXUAL HARRASSMENT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING POLICY
Title IX of the Education Amendment 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. The Amendment reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The 2013 reauthorization of the Violence Against Women Act (VAWA) prohibits dating violence, domestic violence and stalking.
Barry University is committed to providing the best possible setting from 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. Member of the university community, guests, and visitors have the right to be free from all form of gender and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the University community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Barry University has a zero tolerance policy for gender-based discrimination, harassment, and violence.
When an allegation of misconduct is brought to the attention of the Dean of Students and a responding party is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. Any attempt to violate any portion of this policy is considered sufficient for having committed the violation itself. The use of alcohol and/or other drugs will not be accepted as a defense or mitigating factor to a violation of this policy.
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 major violations of the Student Code of Conduct, and students found responsible are subject to sanctions up to an including expulsion from the university.
This policy applies regardless of the complainant’s or respondent’s race, creed, color, ethnicity, national origin, ancestry, religion, gender sexual orientation, gender identity, genetic information, familial status, marital status, pregnancy, age, disability status or veteran status. 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, unless the materials themselves are used as inappropriate content.
- Expectations of Students with Respect to Physical Sexual Misconduct
The expectation of our university community regarding sexual misconduct can be summarized as follows: in order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence-without actions demonstrating permission-cannot be assumed to show consent.
Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex.
- Expectations of Students with Respect to Consensual Relationships
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. For the personal protection of members of this University community, relationships in which power differential are inherent (faculty-student, staff-student, administrator-student) are characterized as inappropriate.
Coercion - unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Confidential Resources – At Barry University, the confidential resources are:
- Counselors in the Center for Counseling and Psychological Services,
- Licensed medical/nursing staff in Student Health Services and,
- The university Chaplain.
Consent – An exchange of words 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. Silence, in and of itself, cannot be interpreted as consent. 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. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Past consent to sexual activity does not imply future consent.
In the State of Florida consent for sexual activity cannot be given by someone under 16 years of age. In Florida, the age of consent is 18, though the law contains a provision allowing 16- and 17-year-olds to consent to having sex with someone age 16 to 23.
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.
Note: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual activity is not by definition forced.
Domestic Abuse - In the State of Florida, Domestic Abuse is defined as Domestic Violence and it means any assault, aggravated assault, battery, 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 household member.
Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Dating Violence – In the State of Florida, Dating Violence is defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who are only university roommates or have engaged in ordinary fraternization in a business or social context.
Force - the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or product consents (e.g., “Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want”.)
Harassment – A form of discrimination consisting of unwanted conduct that is so severe, pervasive, or persistent that it creates an intimidating, hostile, or offensive environment that would cause a reasonable person substantial emotional distress and undermine the ability to work, study, learn, or participate in regular life activities or in the activities of the university, and actual does cause the harassed person(s) these difficulties. Harassing conduct may be verbal, written, visual, electronic or physical in nature.
Hostile Environment – An environment created through conduct that is so severe, pervasive, or persistent that it interferes with or limits a person’s ability to participate in or benefit from the university’s programs and services. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly is the harassment is physical. A single or isolated incident of sex or gender-based harassment or discrimination may create a hostile environment if the incident is sufficiently severe, additional use of personal networking programs may create a hostile environment if the use is intimidating or offensive and is sufficiently severe, persistent, or pervasive that it interferes with an individual’s ability to participate or benefit from programs and services.
Incapacitation - a state in which someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where why or how” of their sexual interaction). Sexual activity with someone who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substance, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another students is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/
Proceeding - the instituting or carrying on of the student conduct process. A violation of the Student Code of Conduct is resolved through a student conduct meeting, or proceeding.
Reporting Party – the person alleging a violation of policy
Responding Party – the person who is alleged to have violated University policy
Responsible Employees – All university employees, except those defined as Confidential Resources, and any contractor, vendor or volunteer who (a) supervises employees, students, or other contractors or vendors; or (b) teaches, coaches, or advises student; or, (c) has management authority related to a university sponsored program or activity. Responsible employees are mandatory reporters for purposes of this policy.
Retaliation – Adverse treatment of an individual because that individual opposed discrimination or harassment, made a complaint pursuant to this policy, or cooperated with an investigation conducted pursuant to this policy.
Result – the determination of “Responsible” or “Not Responsible” in a student conduct meeting and the sanctions applied to the violation.
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. It is:
- unwelcome, gender-based verbal or physical conduct that is,
- sufficiently severe, persistent or pervasive that it,
- unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program, activities and/or employment, and is
- based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
It includes, but is not limited to:
- An attempt to coerce an unwilling person into a sexual relationship;
- To repeatedly subject a person to unwelcome sexual attention, unwanted comments, or communications or jokes of a sexual nature or about their sexual experiences or orientation;
- To punish a refusal to comply with a sexual request;
- To condition a benefit on submitting to sexual advances;
- Stalking, if predicated on a target’s sex or gender;
- Threatened or actual sexual violence; and
- Bullying someone on the basis of sex or gender including for exhibiting what is perceived as a stereotypical characteristic for their sex or failing to conform to stereotypical notions of masculinity or femininity, including repeated use of degrading words, gestures, or sounds to describe a person.
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 Misconduct includes any of the following:
- Sexual Harassment – as described above
- Non-consensual Sexual Contact
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.
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, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
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 Exploitation - Non-consensual or abusive behavior which does not fit within one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting of another member of the university community;
- Non-consensual video or audio-taping of sexual activity;
- Duplication or distribution, or publication of a consensually made recording of a sexual activity without the consent of all parties involved in the recorded sexual act;
- Going beyond the boundaries of consent , including letting someone else watch a consensual sex act while hiding;
- Knowingly viewing, photographing, or filming another person without that person’s knowledge and consent, while the person being viewed, photographed, or filmed is in a place where there is a reasonable expectation of privacy;
- Engaging in voyeurism;
- Knowingly transmitting an STI or HIV to another member of the University community;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; and,
- Sexually-based stalking and/or bullying may also be a form of sexual exploitation.
Stalking - A course of conduct directed at a specific person that would cause a reasonable person to feel fear or substantial emotional distress. Stalking on the basis of sex or gender that creates a hostile environment is a form of harassment. For the purposes of this definition, a pattern of behavior is defined as two or more incidents. Stalking behaviors may include, but are not limited to:
- Repeatedly following or pursuing a person;
- Repetitively appearing at a place of residence, place of business or classrooms;
- Non-consensual communications including, but not limited to, in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, posting of pictures or information on websites, written letters, unwanted gifts, or any other communication that is undesired and/or place another person in fear.
- Surveillance and other types of observations including staring, “peeping”, whether by physical proximity or electronic means;
- Direct physical and/or verbal threats against a person or a person’s family member(s) or friend(s);
- Gathering of information about a person from family, friends, co-workers, and/or classmates;
- Manipulative and controlling behaviors such as threats to self or threats to harm someone close to the person;
- Defamation and/or slander of person being targeted;
- Non-consensual touching;
- Threatening or obscene gestures;
- Trespassing; and,
- Vandalizing personal property
The university’s complete Stalking Policy can be found at http://bucwis.barry.edu/hr/pdf/Stalking%20Policy%208-29-12%20final.pdf
Other Misconduct Offenses (which fall under Title IX when gender-based)
- Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
- Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
- Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
- Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University community, when related to the admission, initiation, pledging, joining, or any other group affiliation activity (as further defined in the University’s Hazing Policy);
- Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the First Amendment);
Jurisdiction of the University
Student Conduct procedures for sexual offenses complaints apply to conduct by a student while a student, even if it occurs outside of an academic term or when the student is not otherwise enrolled at the university and even if the university does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent from the university. It applies to conduct that occurs on university-owned or leased property, at university sponsored events, and off-campus.
- A student who has reported an alleged sexual offense shall be referred to the Dean of Student (Deputy
Director of Title IX), who will appoint a resource staff person to help explain and navigate the available
- If a reporting party does not wish for their name to be shared, does not wish for an investigation to
take place, or does not want a formal resolution to be pursued, the reporting party may make such a
request to the Dean of Students, who will evaluate that request in light of the duty to ensure the safety
of the campus and comply with federal law.
- Victims of sexual misconduct should also be aware that university administrators must issue immediate
timely warning for incidents reported to them that are confirmed to pose a substantial threat or bodily
harm or danger to members of the university community. The university will make every effort to ensure
that a victim’s name and other identifying information is not disclosed, while still providing enough
information for community members to make safety decisions in light of the danger.
- In cases indicating pattern, predation, threat, weapons and/or violence, the university will likely
be unable to honor a request for confidentiality. In cases where the victim requests confidentiality
and the circumstances allow the university to honor that request, the university will offer interim
supports and remedies to the victim and the community, but will not otherwise pursue formal action.
A reporting party has the right, and can expect, to have reports taken seriously by university when
formally reported, and to have those incidents investigated and properly resolved through these procedures.
- Immediate interim measures may be put in place to protect students. Interim measures may include,
but are not limited to:
- University-based temporary no-contact orders
- Academic adjustments
- Interim suspension of students. When this is imposed, the student may be denied access to university housing and/or the university campus/facilities/events. This restriction can include classes and/or all other university activities or privileges for which the student might otherwise be eligible.
- Housing transfers
- Campus escorts
- The Dean of Students will ensure that a prompt, thorough, and impartial investigation is completed.
- Investigations may be limited by the information provided by the reporting party or the responding party.
- These investigations will include interviewing and obtaining statements from both parties, interviewing
and obtaining statement of witnesses, as well as collecting any documentary evidence available.
- The results of the investigation will be presented to the Dean of Students. If, by a preponderance
of the evidence (meaning more likely than not), the investigation results in finding a violation of
this policy or any other university policy, including violations of the Student Code of Conduct, findings
will be forwarded for resolutions through the student conduct process.
- Investigations conducted under this policy or the student conduct process, are conducted by investigators
and hearing officers who receive annual training. Such training focuses on domestic violence, sexual
assault, stalking, sexual harassment, retaliation and other behaviors that may constitute sex or gender
discriminator covered under this policy. Training also focuses on how to conduct an investigation and
hearing process that protect the safety of victims and promotes accountability of offenders.
- Proceedings shall provide a prompt, fair, and impartial resolution. The university aims to bring all
allegations to a resolution within a sixty (60) business day time period. In overview, the timeline
for resolution beings with notice to a mandated reporter or the Dean of Students.
- In any proceeding based on a complaint of a potential violation of this policy, the person bringing
the complaint and the person responding to the complaint are entitled to the same opportunity to have
a support person or advisor of their choice present throughout the process, including in any meeting,
conference, hearing, or other procedural action.
- Once a proceeding is complete, the parties will be informed, in writing, of the outcome, including the finding and sanctions, in accordance with the Family Educational Rights and Privacy Act of 1971 (FERPA) and applicable state laws, (if any). Both parties will be informed of the outcome as near to simultaneously as possible, without unnecessarily brining those in conflict into close proximity of each other.
- The Dean of Students will ensure that a prompt, thorough, and impartial investigation is completed.
The following sanctions may be imposed upon any student member of the university community found to have violated this policy. The following are the typical sanctions that may be imposed upon students or organizations singly or in combination:
Any person found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous disciplinary violations.
Any person found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
Any person found responsible for violating the policy on Sexual Exploitation or Sexual Harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous disciplinary violations.
The decision-making body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.
- Both parties will be informed of the university’s sanctions and student conduct appeal processes and
their rights to exercise a request for appeal.
- Appeals must be made within 48 business hours of the issuing of sanctions. The original finding and
sanction(s) will stand if the appeal request is not timely or substantively eligible, and that decision
- Appeals must be made, in writing, to the Vice President of Student Affairs (or his designee).
- The only grounds for an appeal are as follows:
- A procedural error occurred that significantly impacted the outcome of the conduct meeting (e.g., substantiated bias, material deviation from established procedures, etc.),
- Consideration of new evidence, unavailable during the original conduct meeting or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
- The sanctions imposed fall outside the range of sanctions designated for this offense and the cumulative
conduct history of the responding party.
- Appeals are not intended to be full re-hearings of the allegation. In most cases, appeals are confined
to a review of the written documentation, or record of the original conduct meeting and pertinent documentation
regarding the grounds for appeal.
- All sanctions imposed by the original hearing body will be in effect during the appeal. A request may be made to the Dean of Students to delay implementation of the sanctions until the appeal is decided, but the presumptive stand of the institution is that the sanctions will go into effect immediately. Graduation, study abroad, internship/externship, etc. do NOT, in and of themselves, constitute exigent circumstances, and student may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the university or resumption of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
The investigation outcome and any resolution by the university are maintained with the privacy of the reporting and responding parties in mind. Information is only shared on a need to know basis. Where information must be shared to conduct a thorough investigation, the reporting party will be informed. Investigation records are maintained in accordance to FERPA, as well as any other applicable law or regulations. Any public release of information, including that to comply with the timely warning provision of the Clergy Act, will not include the names of victims or information that could easily lead to a victim’s identification.
Protection against Retaliation
Barry University prohibits members of the University community from retaliating against anyone who has made a good faith complaint under this policy, or anyone who has cooperated in good faith with an investigation conducted pursuant to this policy. The university will take necessary steps to prevent retaliation or to remedy its effects if it does occur. Members of the university community who retaliate against a reporting party or witness pursuant to this policy will be subject to student conduct action or if an employee, may be subject to disciplinary action up to and including termination.
Complaints of retaliation must be reported to the Dean of Students.
SUPPORT AND RESOURCES
All members of the university community are responsible for assisting in creating a campus environment free from prohibited sex and gender-based discrimination, harassment, and violence. The university expects all members of the university community to avoid any behavior or conduct that could reasonably be interpreted as unlawful sex or gender-based discriminator or harassment. Members of the university community (except Confidential Resources) are expected to cooperate with the university in any investigation of allegations of prohibited sex and/or gender-based discrimination, harassment, and violence.
Options for Assistance Following Sexual Misconduct
- Victims of sexual assault, domestic violence, dating violence, or stalking are encourage to report these
incidents in one of the following ways:
- In an emergency, always call 9-1-1
- Campus Public Safety may be reached at (305) 899-3333. The Miami Shores Police Department non-emergency number is (305) 759-2468.
- For victims who want to contact a campus community member for assistance, options include:
- Dean of Students/Deputy Director of Title IX for Students (305)-899-3085
- Center for Counseling and Psychological Services (305) 899-3950
- Student Health Center (305) 899-3750
- Housing, Residence Life and Student Conduct (305) 899-3875
- In order to prevent victimizations of others, the university may notify the campus community of reported
offenses and will include aggregated statistics of such offenses in its Annual Security Report. However,
the university will not release the names or other personally identifiable information of victims.
- It is important to preserve evidence of any offense as it may be helpful to obtain a protection order
or to prosecute the offender.
- Victims are encouraged to seek immediate medical attention even if they do not wish to report a crime
to police. Options for places to seek assistance are listed at the end of this policy.
- After reporting and/or getting medical attention, victims are encouraged to seek counseling or other support. Options for places in which to seek additional support are included at the end of this policy.
- The university will assist victims with seeking and enforcing civil protection orders and/or criminal
no contact orders.
- The Office of the Dean of Students can provide information and advocacy for students who wish to obtain
a civil protection order.
- The Dean of Students, or her designee, may issue a university-based no contact order when necessary
to protect the health and safety of campus community members.
- Victims who have received a civil protection order or criminal no contact order are encouraged to contact
and provide a copy of the order to the Office of Public Safety so campus authorities may assist in order
enforcement. This notification is especially important when that order lists university locations as
- The Office of the Dean of Students can provide information and advocacy for students who wish to obtain a civil protection order.
- The Dean of Students (Deputy Director of Title IX for Students) or her designee, will offer assistance to victims in the form of remedial actions, when appropriate, such as class schedule changes or withdrawals, changes in housing for the reporting party or the responding student, referrals to counseling and health services, changes in work situations, no contact orders a, campus escorts, transportation accommodations.
Training and Educational Programming and Notification of Services
Barry University will provide primary prevention and awareness programming to all incoming students and will provide ongoing prevention and awareness campaigns throughout the year. At minimum, programming will include the following:
- Information on all aspects of this policy and its applications at the university
- A statement of the university’s prohibition of domestic violence, dating violence, sexual assault and stalking, consent and definitions of each, as they are defined under Florida law and in university policy (see “Definitions” sections at the beginning of this policy).
- Bystander intervention training, covering safe and positive options for intervention that may be carried out by a bystander to prevent harm when there is risk of domestic violence, dating violence, sexual assault, or stalking occurring. Programs will also offer students information on risk reduction including how to recognize warning signs of abusive behavior and how to avoid potential attacks.
- Information for victims of sex offenses, domestic violence, dating violence and/or stalking including services and assistance available to victims, how to report an offense, the importance of preserving evidence and the rights of victims.
Campus Offices Information
Confidential Campus Resources
- Office of Counseling and Psychological Services
Landon Student Union, Suite 105
- University Chaplain
- Student Health Services
Landon Student Union, Suite 104
Other Campus Resources
- Office of the Dean of Students/Deputy Director of Title IX for Students
Landon Student Union, Suite 300
- Office of Housing, Residence Life and Student Conduct
Landon Student Union, Suite 304
- Office of Public Safety
Landon Student Union, Suite 100
(305) 899-3333 or 3337
- Dade County Roxcy Bolton Rape Treatment Center
1611 NW 12th Avenue, Miami, FL
- Broward County Rape Treatment Center
400 NE 4th Street, Ft. Lauderdale, FL
- Switchboard of Miami Crisis Hotline
- Florida Domestic Violence Hotline
TTY Hotline 1-800-621-4202
- National Domestic Violence Hotline
1-800-799-SAFE (7233), or