Advisor: any person a complainant or respondent/responding party chooses to support them during an investigation of sexual misconduct and relationship violence. The advisor may not speak on behalf of the person they are advising and is not permitted to directly participate in the outlined procedures but instead may be present only to provide assistance or advice to the individual they are supporting. The advisor’s schedule may not unreasonably interfere with the outlined sexual misconduct and relationship violence procedures, which include but is not limited to the scheduling of meetings and interviews. Advisors who do not comply with the stated procedures and policies will not be permitted to serve as an advisor and will not be permitted to be present during meetings and interviews.
Business day: a day in which The University of Tampa is open for normal business including time periods where the University is conducting business in a virtual capacity. This excludes weekends, University observed federal holidays and break periods for which the University is closed.
Coercion: verbal and/or physical actions, which would cause a person to act in an involuntary manner or against their own free will. This can include acts of manipulation, intimidation, unwanted contact, and expressed or implied threats of physical, emotional or other harm.
Complainant: an individual who is reported to have been subjected to sexual misconduct and/or relationship violence, regardless of whether that individual participates in the disclosure or review of that report by the University.
Confidential employee: a staff member of the University that has been designated by the University to withhold all information disclosed to them by any student.
Constructive possession: a student having knowledge of and access to items located in an area.
Consent: is defined as an informed, voluntary and mutual agreement. Consent can be withdrawn at any time, and there is no consent when there is force, expressed or implied, or when coercion, intimidation or duress is used. Consent cannot be given by a person who is incapacitated.
Dangerous object: any item that is used in a way that can invoke fear to a reasonable person.
Faculty member: any person hired by The University of Tampa to conduct classroom activities.
Force: the use or threat of physical violence.
Hazing: any activity that humiliates, degrades, abuses, or endangers a person, regardless of a person's willingness to participate, or is otherwise prohibited by Florida Statutes § 1006.63 for the purposes of, but not limited to, initiation or admission into or affiliation with any organization, regardless of intent or consent of the participants.
Hearing Board Advisor: any person assigned by the Office of Student Conduct to chair and administer processes related to a hearing board.
Incapacitation: the mental or physical inability to make informed judgments and/or provide consent that could be temporary or permanent. The determination of whether a person is incapacitated is objectively based on what a reasonable person exercising good judgment should have and/or would have known about the condition of the incapacitated party.
Incident reviewer: any person assigned by the Office of Student Conduct to review and process alleged student misconduct violations.
Investigator: an appropriately trained or experienced individual, who at a minimum, received annual training on a multitude of issues, including issues related to dating violence, domestic violence, gender discrimination, hazing, sexual assault and stalking in addition to training on the Sexual Misconduct and Relationship Violence Policy and/or registered student organization investigation processes that protects the safety of the victims and promotes accountability.
Possession: custody, or control over, and being located on one’s person or in one's belongings, in their assigned/leased personal space, residence hall room or vehicle.
Preponderance (of evidence): the standard of proof for finding of a violation of the Student Code of Conduct; preponderance of evidence means that, upon consideration of all information, it is more likely than not that the policy was violated.
Prohibited: banned from participation.
Registered Student Organization (RSO): an organization that has completed the formal registration process and has been recognized through the Office of Student Leadership and Engagement and The University of Tampa.
Reporting party: an individual who reports alleged misconduct to the University.
Residential Guests: any persons who are not affiliated with The University of Tampa but are invited onto University property by a resident assigned to on-campus housing.
Respondent or responding party: a university student or Registered Student Organization who is alleged to have engaged in misconduct.
Responsible employee: all employees of the University (including staff, faculty and University officials) that are not considered confidential employees and certain student workers are considered responsible employees. Not all students who receive compensation from the University are responsible employees. For a student worker to be a responsible employee, they must have the authority to take action to redress sexual misconduct or relationship violence; they must have been given the duty of reporting incidents of sexual misconduct or relationship violence or any other misconduct by students; or they must be an individual a student could reasonably believe has this authority. In addition, the disclosure must be made to the student in their capacity as a student worker. All responsible employees (staff, faculty and student staff who meet the definition above) are obligated to report all given information of sexual misconduct and relationship violence to the Title IX (9) Coordinator.
Retaliation: an intentional act or threat of action toward another because they reported a violation of policy and/or because of their participation in the student conduct and/or sexual misconduct and relationship violence processes.
Staff/staff member: any person employed by The University of Tampa performing assigned administrative, professional, or classified responsibilities.
Student: a person who is or has attended the University. A student is “in attendance” on the first day of classes or the date in which a student takes occupancy in a university residence, whichever is earlier. Persons who are not officially enrolled and who have not graduated from the University but have had a relationship with the University as a student within the previous two (2) academic semesters are also considered a “student.” Additionally, “student” also includes those individuals who satisfied this definition at the time of the alleged violation.
University: The University of Tampa
University official: any person employed by The University of Tampa performing administrative, paraprofessional, or professional responsibilities.
University community: any place or person with whom The University of Tampa has a vested interest.
University of Tampa campus: all property owned, leased or loaned to The University of Tampa, which includes any place where The University of Tampa conducts official business, meetings or events.
University support person: any current student, faculty or staff member of the University chosen by a respondent to provide support during student misconduct hearings excluding Sexual Misconduct and Relationship Violence Policy misconduct (see advisor above). The University support person may not speak on behalf of the person they are supporting and is not permitted to directly participate in the outlined procedures but instead may be present to provide assistance or advice to the student they are supporting. University support persons are not provided to registered student organizations.
Visitor: any individual not registered as a student, employed by University, or employed by an affiliated vendor partner is considered a visitor. Visitors include but are not limited to, non-registered students, friends, spouses, children, guest speakers and UT-sanctioned event participants.
Weapon: any item that is designed for inflicting or could be used to inflict bodily harm.
Witness: any person, other than the complainant or respondent/responding party, who has information or knowledge regarding an incident and who participates in a student conduct hearing, registered student organization investigation or sexual misconduct and relationship violence investigation.