??p?arts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. Private body parts include: genital area, anus, groin, buttocks or breast. The definition includes contact over or under clothing. • Incest . Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. • Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in Florida is 18. Dating Violence. Dating violence means violence committed on the basis of sex by a person: (1) who is or has been in a social relationship or a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; (iii) the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence. Domestic Violence. Domestic violence means violence committed on the basis of sex by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner, by a personal similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the University is located, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or
family violence laws of the jurisdiction. Stalking. Stalking is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress. Stalking that does not occur on the basis of sex may be addressed under other University policies contained in the University’s Administrative Policy Manual or Student Handbook. Privacy and Confidentiality Administration of this policy shall be conducted with due regard for the privacy and reputational interests of those involved. Any information relating to the grievance procedures will be shared only with those who have a legitimate need to know. Disclosure of such information may also be made if it is permitted by law and the University Title IX Coordinator determines in their judgment: • that such disclosure is necessary to protect the health, safety, or well-being of members of the Hodges community; or • that such disclosure advances the interests of those involved in the process and/or the University and outweighs the interest in confidentiality. The University will not consider information protected by a legally recognized privilege, unless the person holding the privilege waives the privilege. Likewise, the University will not consider any records made or maintained by a physician, psychiatrist, or other recognized professional for the purpose of providing treatment a party without the party’s voluntary, written consent. During the grievance process, information about the Complainant’s prior sexual behavior may not be considered subject to two narrow exceptions (1) to prove consent, or (2) to prove someone other than the respondent committed the alleged sexual harassment.
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Hodges University Student Handbook
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