Policy on Sexual Offenses

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.  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. 

SEXUAL HARASSMENT

Sexual harassment is a complex and difficult issue on contemporary college campuses, and can occur in both the learning and working environments.  The University, therefore, condemns any conduct by members of the community that results in abuse, harassment, intimidation, or interference with the ability of an individual to pursue his/her educational and personal objectives.  Misconduct of this nature is subject to appropriate disciplinary action up to and including dismissal. 

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 such behavior as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed toward an employee, student, or applicant, particularly when one or more of the following circumstances are present:

...Toleration of the conduct is an explicit or implicit term or condition of employment, admission or academic evaluation.

...Submission to or rejection of such conduct is used as a basis for a personal decision or academic evaluation affecting such individuals.

...The conduct has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working or learning environment.

Procedures for Reporting
Because the circumstances surrounding sexual harassment are often obscure or ambiguous, anyone who feels that he or she has been a victim of sexual harassment should confer initially with the Dean of Students.  If this is not possible or appropriate, the Associate Vice President for Student Affairs should be contacted.  This consultation will be confidential. 

Student-on-Student Harassment
If the incident involves student-on-student harassment, the Dean of Students will offer the complainant support, guidance and assistance in processing the details of what occurred and deciding on the appropriate action(s) to take.  The range of possible options for attaining a satisfactory outcome will also be reviewed and discussed.  These steps may include but are not limited to informal resolution, mediation, or disciplinary action.  

Employee-Student Harassment
If the complaint filed is against a University employee, the Dean of Students will assist the student in accordance with the procedures and guidelines outlined in the Barry University Student Grievance Procedure.
     The above definitions and procedures are in line with the Equal Employment Opportunity Commission’s regulations on sexual harassment.  Barry University, its officers, employees and students are responsible for maintaining a working and learning environment free from sexual harassment.

SEXUAL BATTERY

Sexual battery refers to sexual contact without consent.  The following behaviors are violations of university policy:

• Ignoring verbal pleas or non-verbal cues indicating unwillingness to either continue to participate in, or begin to engage in any sexual activity.
• Engaging in any sexual activity with someone who is physically helpless and/or unable to communicate his/her unwillingness to participate.
• Threatening to use or actually using physical force to coerce an unwilling party to submit to any sexual activity.
• Engaging in any sexual activity which is not mutually agreeable.

PROCEDURES FOR VICTIMS

If you or someone you know has been a victim of sexual battery the first concern should be one of personal safety.  Please notify any official of the university as soon as possible — resident advisor, area coordinator, or staff members of any of the following offices:  health services, Public Safety, counseling center, or dean of students.  Jackson Memorial Hospital provides a Rape Treatment Center, call 585-7273.  The judicial coordinator will assist in notifying the above authorities if the student so chooses.

Individuals who feel that they have been sexually battered are encouraged to file charges with law enforcement authorities.  To report an assault you should call Miami Shores police at 759-2468 or Metro Dade police at 595-6263.  If an assault occurred outside Miami-Dade County, you must contact the law enforcement agency having jurisdiction in the geographical area where the incident occurred.  The judicial coordinator will assist in notifying the above authorities if the student so chooses.  Students are also encouraged to file a complaint with the judicial coordinator.

The following guidelines are recommended as procedures to follow:

• Do not shower, wash, douche, or change your clothes.
• Preserve any evidence such as bed sheets, clothing, towels, or other items that may be useful in investigation purposes.
• Seek medical attention immediately.
• Contact the university’s Center for Counseling and Psychological Services for assistance with  mental and emotional trauma and victim advocacy.