Policy and Procedures on Sexual Harassment
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.
For more information, please refer to the Barry University Student Handbook at http://www.barry.edu/student-handbook/handbook/sexual-offense-policy.html