FlU Student Handbook 2017-2018 - page 138

Policies & Regulations
stereotyping that creates a hostile, intimidating,
or abusive environment, even if those acts do not
involve conduct of a sexual nature; or
iii. Exhibiting what is perceived as a stereotypical
characteristic for one’s Sex or for failing to
conform to stereotypical notions of masculinity
and femininity, regardless of the actual or
perceived Sex, Gender, Sexual Orientation, Gender
Identity, or Gender Expression of the individuals
Sexual Assault
or Sexual Violence
is defined as
forms of Sexual or Gender-Based Harassment that
involve having or attempting to have Sexual Contact
with another individual without Consent.
Sexual Exploitation
is defined as a form of Sexual or
Gender-Based Harassment that involves one or more
of the following behaviors committed for any purpose,
including sexual arousal or gratification, financial gain,
and/or other personal benefit:
i. taking sexual advantage of another person
without Consent;
ii. taking advantage of another’s sexuality; or
iii. extending the bounds of consensual Sexual
Contact without the knowledge of the other
Examples of Sexual Exploitation include, but are
not limited to:
• threatening to disclose an individual’s Sexual
Orientation, Gender Identity, or Gender
• observing another individual’s nudity or Sexual
Contact, or allowing another to observe the
same, without the knowledge and Consent of all
parties involved;
• non-consensual streaming of images,
photography, video, or audio recording of Sexual
Contact or nudity, or distribution of such without
the knowledge and/or Consent of all parties
• prostituting another individual;
• knowingly exposing another individual to a
sexually transmitted infection, without the
individual’s knowledge and/or Consent;
• knowingly failing to use contraception without
the other party’s knowledge and/or Consent;
• inducing Incapacitation for the purpose of taking
sexual advantage of another person.
Sexual Contact
is defined as the intentional touching
or penetration of another person’s clothed or unclothed
body, including but not limited to the mouth, neck,
buttocks, anus, genitalia, or breast, by another with
any part of the body or any object in a sexual manner.
Sexual Contact also includes causing another person
to touch their own or another’s body in the manner
described above.
is defined as an affirmative act or statement
by each person that is informed, freely given and
mutually understood.
It is the responsibility of each person involved
in any sexual activity to ensure that he or she
has the affirmative consent of the other or
others to engage in the sexual activity.
• Consent must be ongoing throughout a sexual
activity and can be revoked at any time.
Within each sexual encounter, there may be
separate individual sexual acts involved, and
consent to one act by itself does not constitute
consent to another act.
• Lack of protest or resistance does not mean
consent, nor does silence mean consent has been
• The existence of a dating relationship between
the persons involved, or the fact of past sexual
relations, should never by itself be assumed to be
an indicator of consent for any current or future
sexual encounter.
• If Coercion or Force is used, there is no consent.
• If a person is mentally or physically incapacitated
so that the person cannot understand the fact,
nature or extent of the sexual situation, there
is no consent; this includes but is not limited
to conditions due to age, alcohol or drug
Someone under 16 years of age cannot
consent to sexual activity regardless of the age
of the other person. Someone who is at least
16 years of age but less than 18 years of age
cannot consent to sexual activity if the other
person is 24 years of age or older.
• Whether one has taken advantage of a position
of influence over another may be a factor in
determining consent.
is defined to include conduct,
intimidation, and/or express or implied threats of
physical, emotional, or financial harm that would
reasonably place an individual in fear of immediate
or future harm and that is employed to persuade or
compel someone to engage in Sexual Contact.
The following terms included in this definitional section also have corresponding Florida statutory definitions because the behavior
may constitute a crime: sexual assault, sexual exploitation, dating violence, domestic violence, stalking, and aggravated stalking. Some
Florida criminal statutes overlap with the definitions contained in the Regulation and some may provide greater protection.
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