The University of Tampa is committed to providing a safe...
The University of Tampa is committed to providing a safe and welcoming environment for all students, faculty and staff. Sexual misconduct and relationship violence is in direct conﬂict with The University of Tampa’s stated educational mission. Sexual misconduct and relationship violence is unwanted conduct of a sexual nature that constitutes sexual harassment, gender harassment, non-consensual sexual contact, nonconsensual sexual intercourse, sexual exploitation, intimate partner violence (including domestic and dating violence) and stalking. Sexual misconduct and relationship violence violations are adjudicated under the Sexual Misconduct and Relationship Violence Procedures that can be found in Appendix III. Violations include:
Sexual Harassment, which is any unwelcome sexual advance, request for sexual favors or unwanted conduct of a sexual nature, whether verbal or non-verbal. Sexual harassment may include quid pro quo harassment, retaliatory harassment or harassment that creates a hostile environment. A hostile environment is created when sexual harassment is severe, persistent or pervasive and is objectively offensive, such that it unreasonably interferes with, denies or limits an individual’s ability to participate in educational programs offered by the University.
Gender Harassment, which includes harassment based on sex or gender, sexual orientation, gender identity, gender expression, and may include acts of intimidation or hostility whether verbal or non-verbal, even if the acts do not involve conduct of a sexual nature.
Nonconsensual Sexual Contact, which includes any intentional sexual touching, for the purpose of sexual gratiﬁcation, however slight, whether clothed or unclothed, with any object or body part by a person against another person that is without consent. This includes but is not limited to:
a. Fondling, which includes intentional touching of another person’s intimate parts without that person’s consent.
b. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
Nonconsensual Sexual Intercourse, which includes any sexual intercourse, however slight, with any object or body part by a person against another person without consent. This includes penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object or (2) the mouth of a person by a sex organ of another person, without that person’s consent.
Sexual Exploitation, which is deﬁned as when a person takes sexual advantage of another person for the beneﬁt of anyone other than that person without that person’s consent. This includes but is not limited to:
a. Prostituting another person;
b. Recording images or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
c. Statutory rape, which is sexual intercourse with a person who is under the statutory age of consent;
d. Distributing images or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and
e. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
Intimate Partner Violence, which is deﬁned as a violent or threatening familial or intimate partner relationship that causes one to fear for his/her safety or causes physical or psychological injury, pain, or illness. Intimate partner violence includes but is not limited to:
a. Dating violence: A violent act committed by a person against another who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of the relationship; and the frequency of interaction between persons involved in the relationship.
b. Domestic violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of jurisdiction, or 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 our jurisdiction.
Stalking, which is deﬁned as engaging in a course of conduct directed at a speciﬁc person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Such behavior or activities may include but are not limited to:
a. Unwelcomed communication of any type, including but not limited to face-to-face, telephone calls, voice messages, electronic, written letters or notes, and unwanted gifts;
b. Use of threatening words and/or conduct; and
c. Pursuing, following, observing and/or surveillance.
Consent is deﬁned as informed, voluntary and mutual agreement to the speciﬁc sexual contact evidenced by a clear expression in words or actions. Consent can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats or duress is used. Whether a person has taken advantage of a position of inﬂuence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.
Coercion is deﬁned as verbal and/or physical conduct, including manipulation, intimidation, unwanted contact, and expressed or implied threats of physical, emotional or other harm, that would reasonably place an individual in fear of immediate or future harm and that is employed to compel someone to engage in sexual contact.
Force is deﬁned as the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact.
Incapacitation is deﬁned as the inability to make informed judgements about the fact, nature or extent of the sexual situation. The assessment of incapacitation is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person. Incapacitation includes being mentally or physically incapacitated, which can be temporary or permanent. This includes incapacitation due to alcohol or drug consumption, illness, being asleep or unconscious, or any other reason that the individual is physically or mentally unable to form or communicate consent. Evidence of incapacitation can be detected from the following context clues which include but are not limited to the following:
- One person knowing how much the other person has consumed, whether it be drugs or alcohol;
- Slurred speech;
- Bloodshot eyes;
- The smell of alcohol on the breath;
- Shaky equilibrium;
- Outrageous or unusual behavior; or
When determining if consent was given, consideration will be given to the entirety of the facts and circumstances including but not limited to the extent in which a complainant afﬁrmatively consents to sexual contact as evidence by clear expression in words or actions, and whether a reasonable person in the respondent’s position would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonable apparent to the respondent, demonstrating incapacitation or fear.
Retaliation against any person in the University community for alleging a violation of the Sexual Misconduct and Relationship Violence Policy or for cooperating or participating in the investigation process is strictly prohibited. Any concerns about retaliation should be directed to the Title IX coordinator or appropriate deputy coordinator. Acts of retaliation will be adjudicated under the appropriate student conduct policy- Respect of Persons (part XVI.).
All Responsible Employees are required to report violations of this policy to the Title IX coordinator or deputy. After a report is made, as set forth in Appendix III, the University will take appropriate measures to investigate, eliminate the inappropriate conduct, address its effects and prevent recurrence. For more information on the process, please see Appendix III and Appendix VIII. If you wish to make a conﬁdential disclosure, you can contact a conﬁdential employee, which includes University counselors and victim advocates. A conﬁdential disclosure does not generate a Title IX or criminal report unless the disclosing party speciﬁcally requests a report be ﬁled. Conﬁdential assistance is available at any time regardless of when the incident occurred.