Sexual Harassment Policy

Note: This policy was last revised on May 13, 2024.

Embry-Riddle Aeronautical University does not tolerate sexual harassment. Such conduct is harmful to the well-being of our community members, our learning and working environments, and the collegial relationships among students, faculty and staff that characterize the culture of Embry-Riddle. All forms of sexual harassment under this policy are regarded as serious University offenses, and violations may result in discipline, including the possibility of separation from the University.

I. Scope

The University has two policies in order to address incidents of sexual misconduct. This policy is referred to as the Title IX Sexual Harassment Policy and the second is referred to as the University Sexual Misconduct Policy. These policies are interrelated and should be read together. If the allegations forming the basis of a formal complaint (defined below), if substantiated, would constitute prohibited conduct under both policies, then the grievance process set forth in this Title IX Sexual Harassment policy will be applied in the investigation and adjudication of all of the allegations.

This Title IX Sexual Harassment policy is based on definitions set forth in regulations promulgated by the

U.S. Department of Education under Title IX of the Education Amendments Act of 1972. This policy limits the scope of Title IX Sexual Harassment to, among other things, conduct that occurs within the United States and conduct that occurs within the University’s education program or activity (a concept further defined and discussed below).

The University Sexual Misconduct policy applies only to certain conduct, as defined under that policy. Specifically, the University Sexual Misconduct policy applies to forms of sexual misconduct that do not fall under the scope of the Title IX Sexual Harassment policy, including Sexual Exploitation, Improper Conduct related to Sex, and University Sexual Harassment. The University Sexual Misconduct policy also applies to certain conduct that would otherwise be prohibited under the Title IX Sexual Harassment policy (e.g., Sexual Assault, Domestic Violence, Dating Violence, and Stalking), but which must be dismissed under the Title IX Sexual Harassment policy because they do not meet the jurisdictional requirements.

The University responds to reports and/or formal complaints of conduct prohibited under this policy. Students/faculty/staff receive educational training and information about sexual harassment and misconduct to help prevent prohibited conduct, its recurrence as well as options in addressing the issues.

II. Compliance Responsibility

The Title IX Coordinators oversee compliance of Title IX Sexual Harassment in accordance with Federal Regulations as well as incidents falling under the University Sexual Misconduct policy.

When Title IX Coordinator(s) receive reports or formal complaints for violations of this policy they ensure a centralized response in compliance with Title IX and the 2013 Amendments to the Violence Against Women Act (VAWA). The Title IX Coordinator’s responsibilities include (but are not limited to):

• Communicating with all members of the University community regarding Title IX and VAWA, and providing information about how individuals may access their rights;
• Reviewing applicable University policies to ensure institutional compliance with Title IX and VAWA;
• Monitoring the University’s administration of its own applicable policies, including this policy and the University Sexual Misconduct Policy and all related record keeping, timeframes, and other procedural requirements;
• Conducting training regarding Title IX, VAWA, and prohibited conduct defined in this policy and related policies; and
• Responding to any report or formal complaint regarding conduct that violates this policy. For any report of which the University has actual knowledge (and any formal complaint), the Title IX Coordinator shall oversee and implement the explanation and provision of any supportive measures. For any formal complaint, the Title IX Coordinators oversee the investigation and resolution of such alleged misconduct, direct the provision of any additional supportive measures, and monitor the administration of any related appeal.

The Title IX Coordinators may delegate certain responsibilities under this policy to Title IX Investigators or other designated and trained administrators.

III. Terminology

The following definitions clarify key terminology as used in this policy.

Actual Knowledge

The Title IX Coordinator/Office or an Official with Authority has received notice of sexual harassment or allegations of sexual harassment.

Advisor

A person selected by a party (see section XI. Formal Grievance Process for Title IX Sexual Harassment Complaints, in General [part F. Advisors] for exclusions) or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination during a hearing (if applicable).

Appeals Decision-Maker

The person that reviews Title IX Sexual Harassment requests for appeals; determines approval/denial of the appeal; and if the appeal is approved, makes the final determination as to whether the original determination by the Hearing Decision-Maker stands. The Appeals Decision-Maker for Title IX Sexual Harassment cases will be the Vice President of Human Resources or designee.

Clear and Convincing Evidence Standard

The evidence is highly and substantially more likely to be true than untrue. Put another way, clear and convincing evidence requires that the evidence to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts at issue. The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.

Clery Act

Requires that all colleges and universities disclose crimes that have occurred on their campus to the federal government.

Complaint

Refers to notification to the Title IX Office of sexual harassment.

Complainant

Refers to the individual alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.

Confidential Resource

An employee/office who is exempt from notifying sexual harassment to the Title IX Office. (Some exceptions may apply if person is a minor or for the physical safety of the person or campus community.)

Consent

A clearly communicated mutual agreement in which all parties are knowing and capable of voluntarily making the decision to engage in sexual activity. Voluntary consent does not include coerced submission. A lack of physical resistance does not mean that consent was voluntarily given. The clearest method to convey consent to sexual activity is through the use of affirmative words, actions and/or behaviors.

Day

A business day when Embry-Riddle Aeronautical University is in full operation.

Deliberately Indifferent

When the university’s response to Title IX Sexual Harassment is “clearly unreasonable in light of the known circumstances” (34 CFR §106.44(a)).

Education Program or Activity

Includes locations, events, or circumstances where Embry-Riddle exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and includes any building owned or controlled by a student organization that the University officially recognizes.

FERPA (Family Educational Rights and Privacy Act)

A Federal law that protects the privacy of student education records.

Final Determination

The written conclusion using the clear and convincing standard that the alleged Title IX Sexual Harassment occurred and did or did not violate policy.

Finding

A conclusion by the clear and convincing standard that the conduct did or did not occur as alleged.

Formal Complaint

A form or document filed by a complainant that contains the complainant’s physical or digital signature, alleging Title IX Sexual Harassment against a respondent and requesting that Embry-Riddle Aeronautical University investigate the allegations of Title IX Sexual Harassment. The Title IX Coordinator may also sign a formal complaint alleging Title IX Sexual Harassment against the respondent. Where the Title IX Coordinator signs a formal complaint, they are not a complainant or otherwise a party.

Formal Grievance Process

A method of formal resolution designated by the University to address conduct that falls under the scope of Title IX Sexual Harassment.

Hearing Decision-Maker

Refers to those who have decision-making authority within the University’s Formal Grievance process for Title IX Sexual Harassment cases. The Hearing Decision-Maker may be an internal or external person.

Incident Report

A report submitted to the Title IX Coordinator by an employee, student or third party alleging violations of sexual harassment.

Informal Resolution

A process that may encompass a broad range of conflict resolution strategies, including but not limited to, meetings between the parties and Title IX or other designees.

Intake Meeting

A meeting that takes place with the Title IX Coordinator often prior to a person filing a formal complaint. The meeting is prompted by the Title IX Office receiving an incident report, walk-in, email, or phone call about an incident. This meeting allows the Title IX Coordinator to explain options, determine if an incident falls under Title IX Sexual Harassment, University Sexual Misconduct, or should be directed to another department. These meetings are informational to help persons decide on next steps, learn about available resources and supportive measures.

Investigator

The person or persons charged by the University with gathering facts about an alleged violation of this policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Official Notice

The Title IX Coordinator or Officials with Authority have received information of alleged violations of sexual harassment.

Officials with Authority (OWA)

Refers to an employee/office/department of the University who has authority to institute corrective measures related to Title IX Sexual Harassment. The Title IX Office, Dean of Students (and designee), Vice President of Human Resources (and designee), and the safety and security office are the OWA's.

Party or Parties

The complainant(s) and respondent(s), collectively.

Physical Helplessness

Refers to a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Privacy

Information related to a complaint will be shared with a limited number of Embry-Riddle Aeronautical University employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.

Proceeding

Refers to the instituting or carrying on of an action within a process.

Recipient

A postsecondary institution that is a recipient of federal funding (i.e., Embry-Riddle Aeronautical University).

Regret Sex/Sexual Regret

Common in the age of online dating and casual hookups. A person is more likely to regret a sexual encounter if they experienced negative emotions, such as worry, guilt, embarrassment, felt disgusted by their sexual partner, were seduced, or experienced low sexual gratification.

Regretted Sex

When individuals consent to sexual intimacy, but one or both people experience regret or feel guilty afterwards. Though they may regret that encounter, they do not feel like they did not have a choice. Regretted sex should not be confused with nonconsensual sex (An experience where consent was not given.)

Remedial

Steps taken to address alleged offenses when a complainant may not want to move forward with an investigation or an informal meeting with the respondent, however wants the Title IX Office to converse with the respondent for situational awareness. The Title IX Office may have  conversation with the respondent; recommend counseling, anger management, or other actions.

Remedies

Actions made post-determination and designed to restore or preserve equal access to Embry-Riddle Aeronautical University’s education program or activity. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

Respondent

An individual alleged to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.

Resolution

The determination or an agreement of an informal or formal grievance process.

Responsible Employee

An employee of the University who may share knowledge, notice, and/or reports of sexual harassment with the permission of the complainant to the Title IX Coordinator. Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate official, though these responsibilities may overlap with those who have mandating reporting responsibility in this policy.

Result

A consequence, effect or outcome.

Sanction

A consequence imposed by the Hearing Decision-Maker based on a finding of responsibility by the Hearing Decision-Maker for formal resolution (with Hearings).

Sex

Sex has no regulatory definition. Anyone may experience sexual harassment, irrespective of gender identity or sexual orientation.

Sexual Harassment

Please refer to section IV. Prohibited Conduct/Sexual Harassment section of this policy.

Supportive Measures

Refers to non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

Third Party

A person other than a Complainant that files a complaint.

Title IX Coordinator

An official designated by Embry-Riddle Aeronautical University to ensure compliance with Title IX and Embry-Riddle Aeronautical University policies.

Title IX Investigator

Primarily responsible for conducting a non-biased, fair, impartial, prompt and thorough investigation of alleged Title IX Sexual Harassment allegations.

Title IX Sexual Harassment

The umbrella term used to define three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect. The three types are:

1. Quid pro quo.
2. Sexual harassment (unwelcome conduct that is severe, pervasive and objectionably offensive).
3. Sexual assault (dating violence, domestic violence, or stalking).

Witness

Any individual who shares information relating to an allegation of prohibited conduct under this policy

IV. Prohibited Conduct/Sexual Harassment

This policy addresses Title IX Sexual Harassment, which encompasses all of the prohibited conduct described below that occurs on the basis of sex and meets all of the following requirements:

• Occurs within the United States; and
• Occurs within the University’s education program or activity, meaning:
  • Locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context in which the Title IX Sexual Harassment occurs, and
  • Any building owned or controlled by a student organization that is officially recognized by the University; and
• At the time of filing a formal complaint, a complainant is participating in or attempting to participate in the education program or activity at the University.

Allegations of sexual misconduct that do not fall under this policy because they do not constitute prohibited conduct as defined in this section may constitute violations of the University Sexual Misconduct Policy.

In determining whether alleged conduct violates this policy, the University will consider the totality of the facts and circumstances involved in the incident, including the nature of the alleged conduct and the context in which it occurred. Individuals of any gender can commit any of the prohibited conduct defined in this policy, and it can occur between individuals of the same gender or different genders. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships.

The prohibited behaviors listed below are serious offenses and will result in University discipline if the outcome of an investigation or a Work Rules violation determines the Respondent is responsible. The respondent’s consumption of alcohol or the use of illegal substances does not constitute a mitigating circumstance when it contributes to a violation under this policy.

V. Assessment and Dismissal of Formal Complaints

Upon receipt of a formal complaint, the Title IX Coordinator will respond to any immediate health or safety concerns raised. The Title IX Coordinator will then conduct an initial assessment for the sole purpose of determining whether the alleged conduct, if substantiated, would constitute prohibited conduct under this policy. The University will seek to complete this initial assessment within ten (10) business days of receipt of the formal complaint. Following the initial assessment, the Title IX Coordinator may take any of the following actions:

• If the allegations forming the basis of the formal complaint would, if substantiated, constitute prohibited conduct as defined in this policy, the Title IX Coordinator shall implement appropriate supportive measures. In addition, the Title IX Coordinator shall initiate an investigation of the allegations under this policy in a formal complaint. However, if the Title IX Coordinator deems the formal complaint appropriate for the informal resolution process, upon the consent of both parties, the Title IX Coordinator may instead refer the matter to the informal resolution process.

If the allegations forming the basis of the formal complaint, if substantiated, would not constitute prohibited conduct as defined in this policy, the Title IX Coordinator shall dismiss the formal complaint from the Title IX grievance process (and either party may appeal this dismissal, as discussed below). However, if appropriate, the Title IX Coordinator may refer the matter to the University Sexual Misconduct process or to another office for review; or, if the Title IX Coordinator deems the formal complaint appropriate for the informal resolution process, upon the consent of both parties, the Title IX Coordinator may instead refer the matter to the informal resolution process.

In addition, at any time prior to the hearing, the University may dismiss a formal complaint if:

• The complainant notifies the Title IX Coordinator in writing that the complainant wishes to withdraw the formal complaint or any allegations therein;
• The respondent is no longer enrolled or employed by the University; or
• Specific circumstances prevent the University from gathering sufficient evidence to reach a determination as to the formal complaint or the allegations therein.

Upon dismissal, the University shall promptly send written notice of the dismissal and reason(s) simultaneously to the parties via electronic format. Both parties will have equal right to appeal the dismissal through the appeal process.

The determination regarding dismissal becomes final either on the date that the parties are provided with the written determination of the result of an appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. Once final, a complainant cannot file a formal complaint under this policy concerning the same alleged conduct.

VI. Confidentiality, Privacy and Related Responsibilities

Issues of privacy and confidentiality play important roles in this policy, and may affect individuals differently. Privacy and confidentiality are related but distinct terms that are defined below.

In some circumstances, the reporting responsibilities of University employees, or the University’s responsibility to investigate, may conflict with the preferences of the complainant and/or respondent with regard to privacy and confidentiality. Therefore, all individuals are encouraged to familiarize themselves with their options and responsibilities, and make use of confidential resources, if applicable, in determining their preferred course of action.

VII. Options for Complainants, Respondents and Other Reporting Individuals

A complainant, respondent, or witness has many options, including counseling and support services. Information regarding contact information for local law enforcement and medical assistance is provided in Appendix B.

A complainant may:

• Request supportive measures from the Title IX Coordinator.
• File a formal complaint with the Title IX Coordinator, thereby invoking the University’s internal grievance process.
• Contact Campus Safety and Security and/or the Title IX Coordinator for assistance in filing a criminal complaint and preserving physical evidence.
• Contact local law enforcement to file a criminal complaint. At the complainant’s request, the University will assist the complainant in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue a criminal process.

An individual may pursue some or all of these steps at the same time. When initiating any of the above, an individual does not need to know whether they wish to request any particular course of action, nor how to label what happened.

VIII. Supportive Measures for Complainants and Respondents

Upon receiving official notice, incident report, or formal complaint of a violation of this policy, the University, through the Title IX Coordinator, will promptly:

• Contact the complainant to discuss the availability of supportive measures;
• Consider the complainant’s wishes with respect to supportive measures; and
• Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

The University will also consider supportive measures, as appropriate and reasonably available, for the respondent.

These supportive measures are designed to restore or preserve equal access to the University’s educational and working programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties and the broader University community, or deter sexual harassment. While a supportive measure may impose some restrictions on a party, it will not unreasonably burden them. The University may provide supportive measures to the complainant or respondent, as appropriate, as reasonably available, and will do so without fee or charge, regardless of whether the complainant seeks formal disciplinary action. Once supportive measures are approved, the parties or affected individuals will be notified in writing of the supportive measures. The University will maintain any supportive measures provided to the complainant or respondent as confidential to the extent possible.

Supportive measures may include:

• counseling;
• extensions of deadlines or other course-related adjustments;
• modifications of work or class schedules;
• campus escort services;
• mutual restrictions on contact between the parties;
• changes in work or housing locations; Requests for a respondent to be moved is rarely granted as that measure may be seen as punitive if done prior to a ruling of responsibility; however the respondent may be asked if they are willing to move, if not the complainant can usually be moved to another dorm or room if the two parties are located near one another.
• leaves of absence;
• increased security and monitoring of certain areas of the campus; and/or
• any other measure that can be used to achieve the goals of this policy.

Requests for supportive measures may be made by or on behalf of the complainant or respondent to any University official, including the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of supportive measures and coordinating the University’s response with the appropriate offices on campus.

All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by a supportive measure. The University will take immediate action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by a University-imposed measure.

IX. Emergency Removal

The University may summarily remove an individual from an education program or activity on an emergency basis after an individualized safety and risk analysis, where a determination is made that the individual poses an immediate threat to the physical health or safety of any student, other individual or themselves. In these situations, the Title IX Coordinator will provide the individual with notice and an opportunity to challenge the decision immediately following the removal.

X. Informal Resolution Process

Subject to the consent of the parties and the approval of the Title IX Coordinator, the University permits informal resolution processes in cases in which a formal complaint has been filed with the Title IX Coordinator. Subject to approval by the Title IX Coordinator, the informal resolution process is available in matters involving a student complainant and a student respondent as well as in matters involving a faculty/staff complainant and a faculty/staff respondent; the informal resolution process is not available in matters involving a student and an employee.

The informal resolution process is a voluntary, remedies-based process designed to provide parties with an option to resolve disputes with other students in a forum that is separate and distinct from the University’s formal grievance processes under the Title IX Sexual Harassment policy. The purpose of the informal resolution process is to address the conduct, which has been reported by the complainant, and place the parties in a position to pursue their academic and non-academic interests in a safe, respectful, and productive educational and working environment.

The University may facilitate the informal resolution process prior to conducting a hearing. Before the informal resolution process is used, both parties must provide voluntary, written consent to the informal resolution process. They must receive written notice disclosing: the allegations, the requirements of the informal resolution process (including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations), and any outcomes resulting from participating in the informal resolution process (including the records that will be maintained or could be shared). At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the Title IX Sexual Harassment grievance process with respect to the formal complaint.

The University will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of Title IX Sexual Harassment. Similarly, the University will not require, encourage, or discourage the parties from participating in the informal resolution process. The University will not offer the informal resolution process unless a formal complaint is filed.

See Appendix C: Informal Resolution Process for additional information regarding the informal resolution process.

XI. Formal Grievance Process for Title IX Sexual Harassment Complaints, in General

The University is committed to providing a prompt and impartial investigation and adjudication of all formal complaints alleging violations of this policy. During the grievance process, both parties (complainant and respondent) have equal rights to participate.

XIII. Training

The University will provide appropriate training to University officials with responsibilities under this policy, including the Title IX Coordinator, Hearing Decision-Makers, Appeal Decision-Makers, and any individual who facilitates the informal resolution process. Such training will cover the definition of Title IX Sexual Harassment, the scope of the University’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes under this policy, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The University will ensure that Hearing Decision-Makers receive training on any technology to be used at a hearing and on issues of relevance of questions and evidence, including questions and evidence about the irrelevancy of complainant’s sexual predisposition or prior sexual behavior. The University will ensure that Investigators receive training on issues of relevance in order to create an investigative report that fairly summarizes relevant evidence. These training materials are publicly available on the Title IX Compliance website and will be made available for in-person review upon request. In addition, University officials with responsibilities under this policy will receive training related to intersectionality.

XIV. Record Retention

The University will maintain for a period of seven years records of the following:

• Each Title IX Sexual Harassment grievance process conducted under this policy, including any determination regarding responsibility and any audio or audiovisual recording or transcript from a hearing, any disciplinary sanction imposed on the respondent, and remedies provided to the complainant designed to restore or preserve access to the University’s education program or activity.
• Any appeal and the result therefrom.
• Any informal resolution and the result therefrom.
• All materials used to train Title IX Coordinators, Investigators, Hearing Decision-Makers, Appeal Decision-Makers, and any individual who facilitates the informal resolution process with regard to Title IX Sexual Harassment.
• Records of any actions, including any supportive measures, taken in response to a report or formal complaint of Title IX Sexual Harassment. In each instance, the University will document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the University’s educational and working program or activity. If the University does not provide a complainant with supportive measures, then the University will document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

XV. Modification and Review of Policy

Embry-Riddle Aeronautical University reserves the right to modify this policy to take into account applicable legal requirements or extraordinary circumstances.

At regular intervals, the University will review this policy to determine whether modifications should be made.

Appendix A: The Violence Against Women's Act (VAWA)

Purpose of This Regulatory Action

On March 7th, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. L. 113-4), which, among other provisions, amended section 485(f) of the HEA, otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act requires institutions of higher education to comply with certain campus safety- and security-related requirements as a condition of their participation in the Title IV, HEA programs. Notably, VAWA amended the Clery Act to require institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault and stalking, and to include certain policies, procedures and programs pertaining to these incidents in their annual security reports. We are amending § 668.46 of title 34 of the Code of Federal Regulations (CFR) to implement these statutory changes.

Summary of the Major Provisions of This Regulatory Action

The final regulations will:

• Require institutions to maintain statistics about the number of incidents of dating violence, domestic violence, sexual assault and stalking that meet the definitions of those terms.
• Clarify the very limited circumstances in which an institution may remove reports of crimes that have been “unfounded” and require institutions to report to the Department and disclose in the annual security report the number of “unfounded” crime reports.
• Revise the definition of “rape” to reflect the Federal Bureau of Investigation's (FBI) updated definition in the UCR Summary Reporting System, which encompasses the categories of rape, sodomy and sexual assault with an object that are used in the UCR National Incident-Based Reporting System.
• Revise the categories of bias for the purposes of Clery Act hate crime reporting to add gender identity and to separate ethnicity and national origin into separate categories.
• Require institutions to provide to incoming students and new employees, and describe in their annual security reports, primary prevention and awareness programs. These programs must include: a statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault and stalking, as those terms are defined in these final regulations; the definitions of these terms in the applicable jurisdiction; the definition of “consent,” in reference to sexual activity, in the applicable jurisdiction; a description of safe and positive options for bystander intervention; information on risk reduction; and information on the institution's policies and procedures after a sex offense occurs.
• Require institutions to provide, and describe in their annual security reports, ongoing prevention and awareness campaigns for students and employees. These campaigns must include the same information as the institution's primary prevention and awareness program.
• Define the terms “awareness programs,” “bystander intervention,” “ongoing prevention and awareness campaigns,” “primary prevention programs” and “risk reduction."
• Require institutions to describe each type of disciplinary proceeding used by the institution; the steps, anticipated timelines and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault or stalking.
• Require institutions to list all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceedings for an allegation of dating violence, domestic violence, sexual assault or stalking.
• Require institutions to describe the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault or stalking.
• Require institutions to provide for a prompt, fair and impartial disciplinary proceeding in which: (1) officials are appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused; (2) the accuser and the accused have equal opportunities to have others present, including an advisor of their choice; (3) the accuser and the accused receive simultaneous notification, in writing, of the result of the proceeding and any available appeal procedures; (4) the proceeding is completed in a reasonably prompt timeframe; (5) the accuser and accused are given timely notice of meetings at which one or the other or both may be present; and (6) the accuser, the accused and appropriate officials are given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings;
• Define the terms “proceeding” and “result."
• Specify that compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

VAWA Definitions as of October 1, 2022

Effective October 1, 2022, new relevant definitions are listed below: 

Dating Partner

A person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of:

• The length of the relationship.
• The type of relationship.
• The frequency of interaction between the persons involved in the relationship.

Dating Violence

Violence committed by a person:

• Who is or has been in a social relationship of a romantic or intimate nature with the victim.
• 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 relationship.
• The frequency of interaction between the persons involved in the relationship.

Domestic Violence

Felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic or technological abuse that may or may not constitute criminal behavior, by a person who:

• Is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim.
• Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner.
• Shares a child in common with the victim.
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Economic Abuse

In the context of domestic violence (and) dating violence, behavior that is coercive, deceptive or unreasonably controls or restrains a person’s ability to acquire, use or maintain economic resources to which they are entitled, including using coercion, fraud or manipulation to:

• Restrict a person’s access to money, assets, credit or financial information.
• Unfairly use a person’s personal economic resources, including money, assets and credit, for one’s own advantage.
• Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.

Technological Abuse

An act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort or monitor, except as otherwise permitted by law, another person that occurs using any form of technology, including but not limited to internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, communication technologies or any other emerging technologies.

Abuse in Later Life

Neglect, abandonment, economic abuse or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or domestic violence, dating violence, sexual assault or stalking of an adult aged 50 or older by any individual. It does not include self-neglect.

Appendix B: Emergency Resources

• Law Enforcement. Many incidents of sexual harassment are also violations of the law. Individuals who wish to report a crime to law enforcement officials can contact the local agencies directly by dialing 9-1-1. They can also request assistance contacting the proper agency through the Title IX Coordinator, Campus Safety and Security or confidential reporter. If the Reporting Party is under 18 years of age, the University has an obligation to contact law enforcement.
• Medical Assistance. Emergency medical assistance is available both on campus (during business hours) and off campus (24/7). Individuals are encouraged (but not required) to contact law enforcement and seek medical treatment as soon as possible following an incident that poses a threat to safety or physical well-being or following a potential criminal offense. Use the contact information below for more information about seeking assistance for a sexual harassment incident (sexual assault, rape, sodomy, domestic/dating violence, stalking).

Daytona Beach Campus

Prescott Campus

Appendix C: Informal Resolution Process

The University may resolve grievances/formal reports through informal resolution (such as facilitation or mediation) as appropriate based on the circumstances. Informal resolution is not appropriate for all matters, and the University retains the discretion to determine which cases may be appropriate for informal resolution and the type of informal resolution process that may be appropriate in a specific case. The Informal Resolution Process is not available in matters involving a student and an employee.

Informal resolution is available only once a formal complaint has been filed, prior to a determination of responsibility, and where the Complainant, Respondent, and the University voluntarily consent to the process in writing. Before initiating an informal process, the University will provide the parties a written notice of the process and obtain the parties’ voluntary, written request for and consent to the informal resolution process. The written notice to the parties will disclose:

• The allegations and potential policy violations at issue;
• The requirements of the informal resolution process (described below);
• The consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
• The circumstances under which the parties are precluded from resuming a formal complaint arising from the same allegations; and
• The parties’ right to withdraw from the informal resolution process and resume the formal resolution process with respect to the formal complaint, at any time prior to agreeing to a resolution.

Upon initiation of the informal resolution process the Title IX Coordinator will attempt to mediate the dispute through meetings with the parties. Although face-to-face mediation may be suggested, parties will never be required to meet directly with one another as part of the informal resolution process.

When sexual harassment allegations have been resolved through informal resolution by mutual consent of the parties and on a basis that is acceptable to the Title IX Coordinator, the resolution process shall be considered final and there will be no subsequent process or appeal.

The purpose of the informal resolution process is to eliminate the conduct which has been reported by the complainant (and prevent its recurrence), and place both individuals in a position to pursue their academic, working, and non-academic interests in a safe, respectful, and productive educational and working environment. The Informal Resolution process is non-punitive unless both parties agree and the Title IX Coordinator approves.

The informal resolution process is a voluntary, remedies-based process designed to provide members of the Embry-Riddle Aeronautical University community with an option to resolve certain disputes with other members of the University community. The Informal Resolution Process is separate and distinct from the University’s formal grievance processes under the Title IX Sexual Harassment Policy or the University Sexual Misconduct Policy.

The Informal Resolution Process is not available in matters involving a student and an employee.

Prior to participating in the informal resolution process, parties will be notified in writing. The following are features of the informal resolution process:

• Participation in the informal resolution process is voluntary.
  • No party will be required to participate in the informal resolution process and the University will not require, encourage, or discourage the parties from participating in the informal resolution process.
  • All parties must consent in writing to participation in the informal resolution process.
• The University may offer the informal resolution process only under the following circumstances:
  • The complainant has filed a formal complaint.
  • The Title IX Coordinator has determined, through an initial assessment that the alleged conduct, if substantiated, would constitute Title IX Sexual Harassment or University Sexual Misconduct.
  • The Title IX Coordinator has determined that the informal resolution process is appropriate for this matter.
• All parties will be provided with a written notice disclosing the allegations, the requirements of the informal resolution process, and any outcomes resulting from participating in the informal resolution process.
• At any time prior to signing an informal resolution agreement, any party has the right to withdraw from the informal resolution process and resume the formal grievance process.
• Both parties may be accompanied by an advisor of their choosing but it is not a requirement. Advisors that attend any meetings may not actively participate, make suggestions/recommendations, or serve as a proxy for a party. Advisors are expected to make themselves available for meetings as scheduled by the University. Any University official or designee facilitating a meeting has the authority to determine what constitutes appropriate behavior on the part of the advisor and take appropriate steps to ensure compliance with this policy.
• The Title IX Coordinator must approve any agreements reached as part of the informal resolution process in order to ensure consistency with the University’s federal obligations. If the Title IX Coordinator determines at any time prior to the signing of the informal resolution agreement that the informal resolution process is no longer appropriate, the Title IX Coordinator may terminate the process.
• Upon signing the informal resolution agreement, the parties are bound by its terms and cannot opt for a formal grievance process based on the conduct alleged in the formal complaint.
• Failure to comply with the signed agreement may result in disciplinary action for either party.
• If the parties’ circumstances change significantly, they may request a supplemental agreement; the Title IX Coordinator will determine whether it is appropriate to proceed. For example, if both parties joined the same club subsequent to signing the agreement or participated in the same study abroad program, either party could request a supplemental agreement to address the changed circumstances, provided that both parties agreed to any such revisions. Under such circumstances, the above conditions would apply.

Appendix D: Range of Sanctions Under this Policy

Members of the University community may be subject to disciplinary sanctions for violating this policy. Proof is what determines a violation. Severity, aggravation, mitigation and prior record determine sanctions.

Appendix E: Reasons Why the Process Takes Time

Listed below are reasons that a case/investigation may take longer than anticipated. Note that this not an exhaustive list. Other reasons (that will be communicated in writing) may apply:

• Ensure the integrity and completeness of the investigation
• Comply with external law enforcement if parallel case
• Both the complainant and respondent are normally interviewed multiple times by the investigators as more questions arise
  Scheduling interviews around class/work schedules
• Interviewing witnesses (anywhere from none to 20)
• Gathering evidence from both parties and witnesses
  
• More persons identified during the investigation that need to be interviewed
  
• Investigators may be handling multiple cases along with other duties
  
• Winter/spring/summer breaks
  
• Time zone differences
  
• Writing up statements
  
• Developing case files
  
• Sending case files for the review of parties and their advisors (10 business days)
  
• Gathering the comments from parties after the review of the case file and incorporating those comments/asking additional questions
  
• Writing up final report to only include relevant information
  
• Scheduling Hearing (for formal investigations)
  
• Scheduling all parties for availability at the Hearing
  
• Logistics for hearings
  
• Review of final report by both parties and their advisors (10 business days)
  
• Updating report with any final comments by parties
  
• Sending out the comments to both parties prior to hearing