Policies & Regulations
Examples of Coercion or Force include
• causing the deliberate incapacitation of another
person;
• conditioning an academic benefit or employment
advantage on submission to the Sexual Contact;
• threatening to harm oneself if the other party does
not engage in Sexual Contact; or
• threatening to disclose an individual’s Sexual
Orientation, Gender Identity, Gender Expression, or
other personal sensitive information if the other party
does not engage in the Sexual Contact.
Y.
Incapacitation
is defined as a temporary or
permanent state in which a person cannot make
informed, rational judgments because the person
lacks the physical or mental capacity to understand
the nature or consequences of his or her words and/
or conduct and/or the person is unable to physically or
verbally communicate consent.
Z.
Dating Violence
is defined as violence
committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the
Reporting Party. The existence of such a relationship
shall be determined based on the Reporting Party's
statement and with consideration of the length of the
relationship, the type of relationship, and the frequency
of interaction between the persons involved in the
relationship.
For the purpose of this definition—
1. Dating violence includes, but is not limited to,
sexual or physical abuse or the threat of such
abuse.
2. Dating violence does not include acts covered
under the definition of domestic violence.
AA.
Domestic violence
is defined as (1) A felony or
misdemeanor crime of violence committed—
i. By a current or former spouse or intimate
partner of the Reporting Party;
ii. By a person with whom the Reporting Party
shares a child in common;
iii. By a person who is cohabitating with, or has
cohabitated with, the Reporting Party as a
spouse or intimate partner;
iv. By a person similarly situated to a spouse of the
Reporting Party under the domestic or family
violence laws of the jurisdiction in which the
crime of violence occurred, or
v. By any other person against an adult or youth
Reporting Party who is protected from that
person's acts under the domestic or family
violence laws of the jurisdiction in which the
crime of violence occurred.
AB.
Stalking
is defined as (i) Engaging in a course of
conduct directed at a specific person that would
cause a reasonable person to— (A) fear for the
person’s safety or the safety of others; or (B) suffer
substantial emotional distress. (ii) For the purposes
of this definition—(A) Course of conduct means two
or more acts, including, but not limited to, acts in
which the stalker directly, indirectly, or through third
parties, by any action, method, device, or means,
follows, monitors, observes, surveils, threatens, or
communicates to or about a person, or interferes with
a person’s property. (B) Reasonable person means a
reasonable person under similar circumstances and
with similar identities to the Reporting Party.
AC.
Complicity
is defined as any act that knowingly
aids, facilitates, promotes, and/or encourages the
commission of Prohibited Conduct by another person.
AD.
Retaliation
is defined as acts or words taken
against an individual because of the individual’s
participation in a protected activity that would
discourage a reasonable person from engaging in
protected activity. Protected activity includes an
individual’s good faith:
(i) participation in the reporting, investigation,
and/or resolution of an alleged violation of this
Regulation; (ii) opposition to policies, practices, and/
or actions that the individual reasonably believes
are in violation of the Regulation; or (iii) requests for
accommodations on the basis of religion or disability.
Retaliation may include intimidation, threats,
Coercion, physical harm, or adverse employment or
educational actions. Retaliation may be found even
when an underlying report made in good faith was
not substantiated. Retaliation may be committed by
the Responding Party, the Reporting Party, or any
other individual or group of individuals.
AE.
Title IX Coordinator
is defined as the individual who
oversees FIU's response to reports and complaints
that involve sexual violence, dating violence,
domestic violence, and/or stalking, who monitors the
outcomes, identifies and addresses any patterns, and
assesses the effects on the campus climate so the
University can address such issues that affect the
wider school community.
AF.
Interim Protective Measures
is defined as those
temporary actions taken by the University to ensure
equal access to its education programs and activities
and to foster a more stable and safe environment
during the process of reporting, investigating, and/
or disciplining, if appropriate, a violation of this
Regulation.
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