Due to the Department of Education being enjoined from enforcing the 2024 Regulations in the state of Florida, the Equal Opportunity, Harassment, and Nondiscrimination Policy  released on August 1, 2024, is only effective at the Denver site until further notice.

For incidents occurring in Florida or in Denver prior to August 1, 2024 please refer to the 2020 AdventHealth University Harassment and Non-Discrimination Policy.

Equal Opportunity, Harassment and Nondiscrimination Policy for All Faculty, Students, Employees and Third Parties (Hereinafter, "the Policy")

1. Purpose

AdventHealth University (hereinafter referred to as “the UNIVERSITY”) is committed to providing an educational and employment environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in protected activity.

The University values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, the University has developed policies and procedures that provide for prompt, fair, and impartial resolution of allegations of protected characteristic discrimination, harassment or allegations of retaliation.

2. Notice of Nondiscrimination

AdventHealth University seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting discrimination in private post-secondary educational institutions.

As such, no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, any educational program, or any activity of the University on the basis of (actual or perceived):

  • Age (40 years and over in the employment context)
  • Citizenship status
  • Color
  • Disability (physical or mental)
  • Ethnicity
  • National origin (including ancestry)
  • Political belief or affiliation
  • Pregnancy or related conditions
  • Race
  • Religion
  • Sex
  • Sexual orientation
  • Veteran or military status (including disabled veteran; recently separated veteran; active-duty, wartime, or campaign badge veteran; and Armed Forces Service Medal veteran)

The University does not discriminate against any student, or applicant for admission on the basis of the actual or perceived protected characteristics listed above and prohibits sexual harassment, including sexual violence.

The University prohibits discrimination in its educational and employment policies and practices as required by Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964 and other applicable laws and University policies.

As a religious institution, the University retains its constitutional and statutory rights to make employment, admission and educational decisions in a manner that is consistent with the University’s Code of Student Conduct (and with the tenets of the Seventh-day Adventist Church. Such rights are conferred upon religious institutions by various laws, including, but not limited to, 42 U.S.C. 2000e-1, 2000e-2; 6-15 of Federal Executive Order 11246; 41 CFR 60-1.5(5); 34 CFR 86.21, 86.31, 86.40, and 86.57, 106.12(a)(b); and 20 U.S.C. § 1681(a)(3).

This Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the University community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the University’s community, guest, or visitor on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.

The following person has been designated to handle inquiries regarding the equal opportunity and non-discrimination policies and serves as the University Title IX Officer: Sharda Sukhu-Gafoor, Chief Compliance Officer and Title IX Coordinator, Office of Human Resources and Compliance, 671 Winyah Drive, Orlando, FL 32803, sharda.sukhu-gafoor@ahu.edu.

The University will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the Equal Opportunity, Harassment, and Nondiscrimination Procedures.

3. Nondiscrimination Team Contacts

The University has appointed the Nondiscrimination Team, comprised of the following individual(s), to coordinate the University’s compliance with federal, state, and local civil rights laws and ordinances:

For discrimination and harassment allegations [not based on sex]:

Orlando Campus, Denver Site, and Tampa Site:

Jennifer Carpenter
Director of Human Resources/HRBP
Office of Human Resources and Compliance
Campus Center Building (CC 215)
671 Winyah Drive, Orlando, FL 32803
407-303-5727
jennifer.carpenter@ahu.edu
https://www.ahu.edu/title-ix

For sex discrimination and sex-based harassment allegations:

Orlando Campus and Tampa Site:

Sharda Sukhu-Gafoor
Chief Compliance Officer and Title IX Coordinator
Office of Human Resources and Compliance
Campus Center Building (CC 215)
671 Winyah Drive, Orlando, FL 32803
407-303-5765
sharda.sukhu-gafoor@ahu.edu
https://www.ahu.edu/title-ix

Orlando Campus
Ana-Michelle Carrington
Deputy Title IX Coordinator and AHRBP
Office of Human Resources and Compliance
Campus Center Building (CC 215)
671 Winyah Drive, Orlando, FL 32803
407-609-0905
ana-michelle.carrington@ahu.edu
https://www.ahu.edu/title-ix

Orlando Campus
Camille Kibler
Deputy Title IX Coordinator and Dean and Director of Housing
University Housing

3310 Cornell Avenue, Apt. 1, Orlando, FL 32804
407-896-5865
camille.kibler@ahu.edu
https://www.ahu.edu/title-ix

Denver Site

Katie Shaw
Chief Operations Officer/Deputy Title IX Coordinator
Administrative Office
Porter Place Building (PPL 126)
1001 E. Yale Ave., Denver, CO 80210
303-765-6271
katie.shaw@ahu.edu
https://www.ahu.edu/title-ix

For Student-related disability-based allegations:

Betty Varghese
Licensed Mental Health Counselor and Disability Services Coordinator
Office of Spiritual Care and Counseling
Campus Center Building (CC 246)
671 Winyah Drive, Orlando, FL 32803garr
407-303-1870
counseling@my.ahu.edu
https://my.ahu.edu/university-services/student-affairs/disability-services

For Employee-related disability-based allegations

Jennifer Carpenter
Director of Human Resources
Office of Human Resources and Compliance
Campus Center Building (CC 215)
671 Winyah Drive, Orlando, FL 32803
407-303-5727
jennifer.carpenter@ahu.edu
https://www.ahu.edu/title-ix

Collectively, these individuals are responsible for providing comprehensive nondiscrimination education and training; coordinating the University’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from discrimination, harassment, and retaliation.

The University recognizes that allegations under this Policy may include multiple forms of discrimination and harassment as well as violations of other University policies; may involve various combinations of students, employees, and other members of the University community; and may require the simultaneous attention of multiple University departments. Accordingly, all University departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable University policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination, harassment, or retaliation.

4. External Contact Information

Concerns about the University’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: 800-421-3481
Facsimile: 202-453-6012
TDD#: 877-521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

For Complaints involving employee-on-employee conduct: Equal Employment Opportunity Commission (EEOC)

EEOC Regional Office1
100 SE 2nd Street, Suite 1500
Miami, FL, 33131

EEOC Regional Office
950 17th Street, Suite 300
Denver, CO 80202

1EEOC has jurisdiction over Title IX employment claims. ATIXA recommends providing local EEOC office contact information in this section. Please consult: http://www.eeoc.gov/field/index.cfm to locate your local office’s contact information.

5. Definitions

Words used in this Policy will have those meanings defined herein and/or in Appendix A and if not defined herein or in AppendixA will be construed according to their plain and ordinary meaning.

6. Mandated Reporting and Confidential Employees

All University faculty and employees (including student-employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected discrimination, harassment, retaliation and/or Other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal University action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass Notice to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

The following sections describe the University’s reporting options for a Complainant or third party (including parents/guardians when appropriate):

A. Confidential Employees

There are three categories of Confidential Employees: 1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors; 2) Those whom University has specifically designated as Confidential Resources for purposes of providing support and resources to the Complainant; and 3) Those conducting human subjects research as part of a study approved by the University’s Institutional Review Board (IRB). For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

To enable Complainants to access support and resources without filing a Complaint, the University has designated specific employees as Confidential Resources. Those designated by the University as Confidential Resources are not required to report actual or suspected discrimination, harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or University official unless a Complainant has requested the information be shared.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Employees:

Confidential Employees

  • Betty Varghese - Licensed Mental Health Counselor and Disability Services Coordinator (Counselor)
    Office: Office of Spiritual Care and Counseling, CC 246
    Email: counseling@my.ahu.edu
    Phone: 407-303-1870
  • Reynold Acosta - Director of Spiritual Care (Chaplain)
    Office: Office of Spiritual Care and Counseling, CC 247
    Email: Reynold.acosta@ahu.edu
    Phone: 407-303-7747 x1101033
  • On-campus licensed professional counselors and staff
  • On-campus health service providers and staff
  • On-campus members of the clergy/chaplains working within the scope of their licensure or ordination

Institutional counselors and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.

Employees who have confidentiality as described above, and who receive Notice within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act statistical reporting purposes unless they believe it would be harmful to their client, patient, or parishioner.

Failure of a Mandated Reporter, as described above in this section, to report an incident of discrimination, harassment, or retaliation of which they become aware is a violation of University Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.

A Mandated Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

In addition, Complainants may speak with individuals unaffiliated with the University without concern that Policy will require them to disclose information to the institution without permission:

  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors
  • Domestic violence resources
  • Local or state assistance agencies
  • Clergy/Chaplains
  • Attorneys

7. Disability-based Grievances and Complaints

Grievances related to disability status and/or provision of accommodations are addressed using the procedures in the Equal Opportunity, Harassment, and Nondiscrimination policy. However, allegations of discrimination on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved under the Disability Grievance Procedures.

For details relating to disability accommodations in the University’s Resolution Process visit here.

8. Scope

This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator and at https://www.ahu.edu/title-ix/equal-opportunity-harassment-and-nondiscrimination-policy

This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in the University’s program or activities, including education and employment.

This Policy prohibits all forms of discrimination on the basis of the protected characteristic(s) listed in the Notice of Nondiscrimination. The Equal Opportunity, Harassment, and Nondiscrimination Procedures and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

9. Jurisdiction

This Policy applies to the University’s education programs and activities (defined as including locations, events, or circumstances in which the University exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where the University has disciplinary authority, and to misconduct occurring within any building owned or controlled by a University-recognized student organization. A Complainant does not have to be a member of the University community to file a Complaint, at the discretion of the Title IX Coordinator.

This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the University’s education program or activities. The University may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial University interest.

A substantial University interest includes:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
  2. Any situation in which it is determined that the Respondent poses an imminent and serious threat to the health or safety of any student, employee, or other individual.
  3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
  4. Any situation that substantially interferes with the University’s educational interests or mission.

For disciplinary action to be issued under this Policy, the Respondent must be a University faculty member, student, or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the University community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options, and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The University can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

The University does business with various volunteers, vendors, contractors, and other third-parties who are not Students or Employees of the University.Notwithstanding any rights that a given volunteer, vendor, contractor, or third-party Respondent may have under this Policy, the University retains its right to limit any volunteer, vendor, contractor, or third-party’s access to campus for any reason. And the University retains all rights it enjoys by contract or law to terminate its relationship with any volunteer, vendor, contractor, or third-party irrespective of any process or outcome under this Policy.

When a party is participating in a dual enrollment/early college program, the University will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the complaint under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to the University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

10. Supportive Measures

The University will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged discrimination, harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all Parties and/or the University’s educational environment and/or to deter discrimination, harassment, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, the University will inform the Complainant, in writing, that they may file a Complaint with the University either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The University will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the University’s ability to provide those supportive measures. The University will act to ensure as minimal an academic/occupational impact on the Parties as possible. The University will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Visa and immigration assistance
  • Student financial aid counseling
  • Education to the institutional community or community subgroup(s)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation assistance
  • Implementing contact restrictions (no contact orders) between the parties
  • Academic support, extensions of deadlines, or other course/program-related adjustments
  • Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
  • Timely warnings
  • Class schedule modifications, withdrawals, or leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Any other actions deemed appropriate by the Administrator

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

The Parties are provided with a timely opportunity to seek modification or reversal of the University’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures. The University will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. The University typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.

11. Online Harassment and Misconduct

University policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the University’s education program and activities, or when they involve the use of University networks, technology, or equipment.

AlthoughtheUniversity may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported totheUniversity, it will engage in a variety of means to address and mitigate the effects. These means may include use of the Resolution Process to address off-campus conduct whose effects contribute to limiting or denying a person access to the University’s education program or activity.

Off-campus harassing speech by employees, whether online or in person, may be regulated by the University only when such speech is made in an employee’s official or work-related capacity.

12. Prohibited Conduct

Students and employees are entitled to an educational and employment environment that is free of discrimination, harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited discrimination, harassment, and retaliation that are also prohibited under University Policy. When speech or conduct is protected by academic freedom, it will not be considered a violation of University Policy, though supportive measures will be offered to those impacted.

All offense definitions below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.

Violation of any other University policies may constitute discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.

A. Discrimination

Discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

  1. Disparate Treatment Discrimination:
    • Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected characteristic and that:
      • Excludes a person from participation in;
      • Denies the person benefits of; or
      • Otherwise adversely affects a term or condition of a person’s participation in a University program or activity.
  2. Disparate Impact Discrimination:
    • Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
      • Excludes an individual from participation in;
      • Denies the individual benefits of; or
      • Otherwise adversely affects a term or condition of an individual’s participation in a University program or activity.

B. Discriminatory Harassment

  • unwelcome conduct on the basis of actual or perceived protected characteristic(s), that
  • based on the totality of the circumstances,
  • is subjectively and objectively offensive, and
  • is so severe or pervasive,
  • that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity

C. Sex-based Harassment (Applicable under Title IX, Title VII, and the Fair Housing Act)

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex2 including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

2Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.

  1. Quid Pro Quo:
    an employee agent, or other person authorized by the University,to provide an aid, benefit, or service under the University’s education program or activity,explicitly or impliedly conditioning the provision of such aid, benefit, or service,on a person’s participation in unwelcome sexual conduct.
  2. Hostile Environment Harassment:
    unwelcome sex-based conduct, thatbased on the totality of the circumstances,is subjectively and objectively offensive, andis so severe or pervasive,that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity

The University reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under University Policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.

For assistance with Alternative Resolution and other Informal Resolution techniques and approaches, contact the Title IX Coordinator.

  1. Sexual Assault:3

    3This would include having another person touch you sexually, forcibly, and/or without their consent.

    1. Rape:
      • Penetration, no matter how slight,
      • of the vagina or anus of the Complainant,
      • with any body part of the Respondent or by Respondent’s use of an object, or
      • oral penetration of the Complainant by a sex organ of Respondent,
      • without the consent of the Complainant.
    2. Fondling:
      • The touching of the private body parts of the Complainant (buttocks, groin, breasts),
      • by the Respondent for the purpose of sexual gratification,
      • without the consent of the Complainant,
      • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity.
    3. Incest:
      • Sexual intercourse,
      • between persons who are related to each other,
      • within the degrees wherein marriage is prohibited by FL law.
    4. Statutory Rape:
      • Sexual intercourse,
      • with a person who is under the statutory age of consent of 18.
  2. Dating Violence, defined as:
    1. violence,
    2. on the basis of sex,
    3. committed by a person,
    4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
      1. The existence of such a relationship shall be determined based on the Complainant’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 purposes 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.
  3. Domestic Violence,4 defined as:
    4To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
    1. violence,
    2. on the basis of sex,
    3. committed by a current or former spouse or intimate partner of the Complainant,
    4. by a person with whom the Complainant shares a child in common, or
    5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
    6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of FL, or
    7. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of FL.
  4. Stalking, defined as:
    1. engaging in a course of conduct,
    2. on the basis of sex,
    3. directed at the Complainant, that
      1. would cause a reasonable person to fear for the person’s safety, or
      2. the safety of others; or
      3. Suffer substantial emotional distress.

    For the purposes of this definition—

    • Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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.
    • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
    • Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Sexual Misconduct

  1. Sexual Exploitation:5

    5This offense is not classified under Title IX as “Sex-based harassment,” but it is included here in this Policy as a tool to address a wider range of behaviors.

    • A person taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above,
    • for their own benefit or for the benefit of anyone other than the person being exploited.

    Examples of Sexual Exploitation include, but are not limited to:

    • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
    • Invasion of sexual privacy (e.g., doxxing)
    • Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression
    • Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
    • Prostituting another person
    • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
    • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
    • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
    • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
    • Knowingly soliciting a minor for sexual activity
    • Engaging in sex trafficking
    • Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
    • Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)

D. Other Prohibited Conduct

  1. Bullying:6

    6For Bullying, Hazing, and Endangerment, these offenses can be applied when the conduct is on the basis of protected characteristics, but is not a form of Sex-based Harassment.

    • repeated and/or severe aggressive behavior
    • that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant
    • that is not speech or conduct that is otherwise protected by the First Amendment
  2. Endangerment:
    • threatening or causing physical harm
    • extreme verbal, emotional, or psychological abuse
    • other conduct which threatens or endangers the health or safety of any person or damages their property}
  3. Hazing:
    • any act or action
    • which does or is likely to endanger the mental or physical health or safety of any person
    • as it relates to a person’s initiation, admission into, or affiliation with any Recipient group or organization

    For the purposes of this definition:

    • It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
    • It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
    • The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered hazing.
    • Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.
  4. Retaliation:
    • Adverse action, including intimidation, threats, coercion, or discrimination,
    • against any person,
    • by the University, a student, employee, or a person authorized by the University to provide aid, benefit, or service under the University’s education program or activity,
    • for the purpose of interfering with any right or privilege secured by law or Policy, or
    • because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Equal Opportunity, Harassment, And Nondiscrimination Procedures, including an Informal Resolution process, or in any other appropriate steps taken by the University to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects

      The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the University to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Equal Opportunity, Harassment, and Nondiscrimination Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
  5. Unauthorized Disclosure:7

    7Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.

    • Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the University; or
    • publicly disclosing institutional work product that contains personally identifiable information without authorization or consent.
  6. Failure to Comply/Process Interference
    • Intentional failure to comply with the reasonable directives of the Title IX Coordinator in the performance of their official duties, including with the terms of a no contact order
    • Intentional failure to comply with emergency removal or interim suspension terms
    • Intentional failure to comply with sanctions
    • Intentional failure to adhere to the terms of an Informal Resolution agreement
    • Intentional failure to comply with mandated reporting duties as defined in this Policy
    • Intentional interference with the Resolution Process, including but not limited to:
      • Destruction of or concealing of evidence
      • Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
      • Intimidating or bribing a witness or party

E. Sanction Ranges

The following sanction ranges apply for Prohibited Conduct under this Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative conduct record.

  • Discrimination: warning through expulsion or termination.
  • Discriminatory Harassment: warning through expulsion or termination.
  • Quid Pro Quo Harassment: warning through expulsion or termination.
  • Hostile Environment Harassment: warning through expulsion or termination.
  • Rape: suspension through expulsion or termination.
  • Fondling: warning through suspension (termination for employees).
  • Incest: warning through probation.
  • Statutory Rape: warning through suspension (termination for employees).
  • Stalking: probation through expulsion or termination.
  • Dating/Domestic Violence: probation through expulsion or termination.
  • Sexual Exploitation: warning through expulsion or termination.
  • Bullying: warning through expulsion or termination.
  • Endangerment: warning through expulsion or termination.
  • Hazing: warning through expulsion or termination.
  • Retaliation: warning through expulsion or termination.
  • Unauthorized Disclosure: warning through expulsion or termination.
  • Failure to Comply/Process Interference: warning through expulsion or termination.

F. Consent, Force, and Incapacitation

As used in this Policy, the following definitions and understandings apply:

  1. Consent

    Consent is defined as:

    • knowing, and
    • voluntary, and
    • clear permission
    • by word or action
    • to engage in sexual activity.8

    8The state definition of consent is applicable to criminal prosecutions for sex offenses in FL but may differ from the definition used by the Recipient to address Policy violations.

    Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

    If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

    For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back.

    Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.

    Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

    Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

    Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on the University to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

    Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault.9

    9Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

  2. Force

    Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.

    Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

    Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

  3. Incapacitation

    Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.

    This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

    Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

    If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

G. Expectations Regarding Unethical Relationships

There are inherent risks in any romantic or sexual relationship between persons in unequal positions, such as faculty member-student or supervisor-employee. In reality, these relationships may be less consensual than perceived by the person whose position confers power or authority. Similarly, each of the Parties may view the relationship differently, particularly in retrospect. Circumstances may change, and once welcome conduct may become unwelcome at some point in the relationship.

Even when the Parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. The University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the University’s goals and policies. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., faculty-student, staff-student) are generally discouraged. They may also violate standards of professionalism and/or professional ethics.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must promptly inform their supervisor and/or the Title IX Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an applicable relationship existed prior to adoption of this Policy or prior to employment, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Resident Assistants (RAs) and students for whom the RA has direct responsibility. While no relationships are specifically prohibited by this Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee. The Title IX Coordinator will determine whether to refer violations of this provision to Human Resources for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation.

13. Standard of Proof

The University uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the University will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).

14. Reports/Complaints of Discrimination, Harassment, and/or Retaliation

A Report provides notice to the University of an allegation or concern about discrimination,harassment, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A Complaint provides notice to the University that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint.Reports or Complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:

  1. File a Complaint with, or give verbal Notice directly to, the Title IX Coordinator or to any member of the Nondiscrimination Team. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator or any other Nondiscrimination Team member listed in this Policy.
  2. Submit online Notice via the Title IX reporting form. Anonymous Notice is accepted, but the Notice may give rise to a need to try to determine the Parties’ identities. Anonymous Notice typically limits the University’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice.

Reporting carries no obligation to initiate a Complaint, and in most situations, the University is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the University may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the University will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the University to discuss and/or provide supportive measures, in most circumstances.

15. Time Limits on Reporting

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the University’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

16. False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate University policies.

17. Confidentiality/Privacy

The University makes every effort to preserve the Parties’ privacy. The University will not share the identity of any individual who has made a Complaint of discrimination, harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.10, 11 Additional information regarding confidentiality and privacy can be found in Appendix E.

1020 U.S.C. 1232g
1134 C.F.R. § 99

Unauthorized Disclosure of Information

Parties and Advisors are prohibited from disclosing information obtained by the University through the Resolution Process, to the extent that information is the work product of the University (meaning it has been produced, compiled, or written by the University for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of University Policy to publicly disclose institutional work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.

18. Emergency Removal/Interim Actions/Leaves

The University can act to remove a student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. Employees are subject to existing procedures for interim actions and leaves

19. Federal Timely Warning Obligations

The University must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the University community.

The University will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

20. Amnesty

The University community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to University officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the University community that Complainants choose to give Notice of misconduct to University officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

To encourage reporting and participation in the process, theUniversity offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the University, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

The University also maintains an amnesty policy for students in addition to witnesses who offer help to others in need.

Sometimes, employees are hesitant to report discrimination, harassment, or retaliation they have experienced for fear of getting in trouble themselves. The University may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident.

21. Preservation of Evidence

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. The University will inform the Complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

  • Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better).
  • Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
  • If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
  • If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or a secure evidence container (if provided one by law enforcement)
  • Seeking medical treatment can be essential, even if it is not for the purposes of collecting forensic evidence.

Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment

  • Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
    • Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
    • Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
  • Save copies of email and social media correspondence, including notifications related to account access alerts.
  • Take timestamped photographs of any physical evidence, including notes, gifts, etc., in place when possible.
  • Save copies of any messages, including those showing any request for no further contact.
  • Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible.

During the initial meeting between the Complainant and Title IX Coordinator, the importance of taking these actions will be discussed, if timely.

22. Federal Statistical Reporting Obligations

Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

  1. All “primary crimes,” which include criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
  2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
  3. Violence Against Women Act (VAWA-based crimes), which include sexual assault, domestic violence, dating violence, and stalking12
  4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

12VAWA is the Violence Against Women Act, enacted in 1994 and codified in part at 42 U.S.C. sections 13701 through 14040.

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with the Clery Act Coordinator (Dean of Students) for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

23. Independence and Conflicts of Interest

The Title IX Coordinator manages the Nondiscrimination Team and acts with independence and authority, free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this Policy and these procedures. The members of the Resolution Pool are vetted and trained to ensure they are not biased for or against any party in a specific Complaint, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact Josef Ghosn, University President. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other Resolution Pool member should be raised with the Title IX Coordinator.

24. Revision of this Policy

This Policy succeeds previous policies addressing discrimination, harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates these policies and procedures regularly. The University reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

This Policy is effective August 1, 2024.

Based on the ATIXA 2024 One Policy, One Procedure (1P1P) model. © June 2024 ATIXA. Used with permission.