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. 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.
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. 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.
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,
- 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@mail.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:
(1) submission to the conduct is an explicit or implicit term or
condition of employment,
(2) submission to or rejection of the conduct is used as the basis
for an employment decision, or (3) 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.
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.
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.
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.
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”.
