Note: This policy was last revised on September 16, 2022.
Embry-Riddle Aeronautical University does not tolerate sexual misconduct. 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 prohibited conduct under this policy are regarded as serious University offenses, and violations may result in discipline, including the possibility of separation from the University. State and federal laws also address conduct that may meet the University’s definitions of prohibited conduct, and criminal prosecution may take place independently of any disciplinary action instituted by the University.
The University has two policies to address incidents of sexual misconduct. This policy is referred to as the University Sexual Misconduct Policy, and the second is referred to as the Title IX Sexual Harassment Policy. These policies are interrelated and best if 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 the Title IX Sexual Harassment policy will be applied in the investigation and determination of all the allegations.
The University Sexual Misconduct policy applies only to conduct, as defined under this policy, including sexual exploitation, improper conduct related to sex and sexual harassment that does not fall under the scope of the Title IX Sexual Harassment policy. 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.
It is not the responsibility of those filing reports to determine under which policy the alleged violations may fall. The Title IX Coordinators or their designees will make that determination.
Responsibility for the University's Sexual Misconduct Policy
The Title IX Coordinators oversee responsibilities that fall under this policy as well as incidents falling under the Title IX Sexual Harassment policy.
Title IX Coordinators, when informed about or upon receipt of incident reports of alleged violations, will act based on the appropriate policy. The Title IX Coordinator’s responsibilities include (but are not limited to):
- Communicating with all members of the University community regarding sexual misconduct and sexual harassment.
- Explaining processes, options and available resources to the involved party and/or parties.
- Monitoring the University’s administration of its own applicable policies, including this policy and the Title IX Sexual Harassment 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.
- Determining if complaints received fall under either the University Sexual Misconduct policy or the Title IX Sexual Harassment policy, or another area of the university.
- Overseeing the processes for the alleged misconduct that meets the criteria of either policy.
The Title IX Coordinators may delegate certain responsibilities under this policy to Title IX Investigators or other designated administrators.
Modification and Review of Policy
Embry-Riddle Aeronautical University reserves the right to modify this policy to consider applicable legal requirements or extraordinary circumstances. At regular intervals, the University will review this policy to determine whether modifications should be made.
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Title IX Coordinators and Investigators
|Daytona Beach and Worldwide||Autumn Meyers-Parker||Title IX Coordinatorfirstname.lastname@example.org
|Daytona Beach and Worldwide||Christina de la Osa||Title IX Investigatoremail@example.com|
|Daytona Beach and Worldwide||Kenneth Blankumsee||Title IX Investigatorfirstname.lastname@example.org|
|Daytona Beach and Worldwide||Andrea Hooper||Title IX Investigatoremail@example.com|
|Prescott||Dr. Elizabeth “Liz” Frost||Title IX Coordinatorfirstname.lastname@example.org
|Prescott||Michael Williams||Title IX Investigatoremail@example.com|
Office Locations, Websites and Mailing Addresses
|Daytona Beach||Student Union, Suite 324||1 Aerospace Drive Daytona Beach, FL 32114|
|Worldwide||Student Union, Suite 324||1 Aerospace Drive Daytona Beach, FL 32114|
|Prescott||Building 73, Office 129/131||3700 Willow Creek Rd. Prescott, AZ 86301|
Confidential Resources @Model.DrawerTitleSize>
Information a party shares with Confidential Resources will not be shared with the Title IX Office or any other individual without the individual’s express written permission. Exceptions are made if there is an imminent threat of serious harm to the individual or to others, or a legal obligation to reveal such information (e.g., if there is suspected abuse or neglect of a minor).
|Campus||Department||On-Campus Location||Phone/Email||Mailing Address|
|Counseling Center||Wellness Center Complex, Building 502||386-226-6035||1 Aerospace Boulevard
Daytona Beach, FL 32114-3900
|Daytona Beach||Health Services||Wellness Center Complex, Building 500||386-226-7917
|1 Aerospace Boulevard
Daytona Beach, FL 32114-3900
|Daytona Beach||Chaplain's Office||Center for Faith and Spirituality, Building 267||386-226-6580
|1 Aerospace Boulevard
Daytona Beach, FL 32114-3900
|Prescott||Counseling Services||Haas Chapel, Building 46||928-777-3312
|3700 Willow Creek Road,
Prescott, AZ 86301
|Prescott||Wellness Services||Haas Commons, Building 73||928-777-6653
|3700 Willow Creek Road,
Prescott, AZ 86301
|All Campuses||My SSP
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|Campus||Department||On-Campus Location||Phone/Email||Mailing Address|
|Daytona Beach||Campus Safety and Security||Building 175||386-226-6480
|1 Aerospace Boulevard Daytona Beach, FL 32114-3900|
|Daytona Beach||Office of Diversity and Inclusion||Building 225||386-226-7544
|1 Aerospace Boulevard Daytona Beach, FL 32114-3900|
|Prescott||Campus Safety and Security||Building 14||928-777-3333
|3700 Willow Creek Road,
Prescott, AZ 86301
|Prescott||Women's and Diversity Center||Building 16||928-777-3968
|3700 Willow Creek Road,
Prescott, AZ 86301
Disability Support Services @Model.DrawerTitleSize>
|Daytona Beach||Shannon McCosker||Director, Disability Support Servicesfirstname.lastname@example.org
|Prescott||Jane Ellingwood||Director, Disability Support Servicesemail@example.com
|Worldwide||Karen Zielinski||Asst. Director, Disability Support Servicesfirstname.lastname@example.org
For Faculty and Staff
|Daytona Beach and Worldwide||Andrea Hooper||Executive Director of Employment and Engagementemail@example.com|
|Prescott||Laurie Petry||Benefits Administratorfirstname.lastname@example.org|
External Inquiries @Model.DrawerTitleSize>
Inquiries may be made externally 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
For complaints involving employees, contact the Equal Employment Opportunity Commission (EEOC).
The EEOC has jurisdiction over Title IX employment claims. Please consult the EEOC website to locate your local office's contact information.
Miami District Office (Florida)
100 SE 2nd Street, Suite 1500
Miami, FL 33131
ASL Video Phone: 844-234-5122
Phoenix District Office (Arizona)
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012-2504
ASL Video Phone: 844-234-5122
To raise any concern involving possible bias, conflict of interest, misconduct or discrimination by the Title IX Coordinator, contact the University’s Vice President and General Counsel at 386-323-8812 or Charlie.Sevastos@erau.edu.
Concerns of possible bias, conflict of interest, misconduct or discrimination by any other Title IX Team member should be raised with the Title IX Coordinator.
The following definitions clarify key terminology as used in this policy.
A person selected by a party or appointed by the institution to accompany the party to meetings related to the resolution process to advise the party on that process.
A person who reviews University Sexual Misconduct 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 Decision-Maker stands.
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 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 in 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.
Requires that all colleges and universities disclose crimes that have occurred on their campus to the federal government.
Refers to notification to the Title IX Office of sexual misconduct.
Refers to the individual who is alleged to be the victim of conduct that could constitute University Sexual Misconduct.
An employee/office who is exempt from notifying the Title IX Office of alleged violations of sexual misconduct. (Some exceptions may apply if a person is a minor, for the physical safety of the person or campus community).
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 by affirmative words, actions and/or behaviors.
Those who have decision-making authority within the University’s formal grievance process for Sexual Misconduct cases.
FERPA (Family Educational Rights and Privacy Act)
A Federal law that protects the privacy of student education records.
A conclusion by the clear and convincing standard that the conduct did or did not violate policy.
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. The Title IX Coordinator may also sign a formal complaint alleging University Sexual Misconduct against the respondent. Where the Title IX Coordinator signs a formal complaint, they are not a complainant or otherwise a party. If the incident does not fall under Title IX Sexual Harassment, the formal complaint will be dismissed and may be investigated under the University Sexual Misconduct policy.
Formal Grievance Process
A method of formal resolution designated by the University to address conduct that falls under the scope of the University Sexual Misconduct policy or the Title IX Sexual Harassment policy.
A notification to the University regarding possible violations of the University’s Sexual Misconduct policy.
A report submitted to the Title IX Coordinator by an employee, student or third-party alleging violations of sexual harassment.
Informal Resolution (Facilitated Resolution)
A process that may encompass a broad range of conflict resolution strategies, including (but not limited to) meetings between the parties and other remedies-based solutions agreed upon by all parties, including the Title IX Coordinator.
The collection of information by the University into the allegations reported in order to determine if the alleged conduct, if true, would constitute either Title IX Sexual Harassment or University Sexual Misconduct policy violations.
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.
The Title IX Coordinator or Officials with Authority have received information of alleged violations of sexual harassment.
Party or Parties
The complainant(s) and respondent(s), collectively.
Refers to a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
Information related to a complaint will be shared with a limited number of Embry-Riddle Aeronautical University employees who “need to know” to assist in the assessment, investigation and resolution of the report.
Refers to the instituting or carrying on of an action within a process.
A postsecondary institution that is a recipient of federal funding (i.e., Embry-Riddle Sexual Misconduct Policy 2021-2022 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, felt disgusted by their sexual partner or their own behavior, felt pressured to have sex or experienced low sexual gratification. Regretted sex is when two 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 and it was consensual.
Refers to 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 a conversation with the respondent, recommend counseling, anger management or other actions.
Actions made post-determination and designed to restore or preserve equal access to Embry-Riddle Aeronautical University’s education program or activity.
An individual alleged to be the perpetrator of conduct that could constitute Sexual Misconduct per this policy or a violation of the Title IX Sexual Harassment policy.
The determination or an agreement of an informal or formal grievance process.
A consequence, effect or outcome.
A consequence imposed by the Decision-Maker based on a finding of responsibility or based on the outcome of an informal resolution.
Sex (i.e., Biological Sex)
Sex has no regulatory definition. Anyone may experience sexual misconduct or harassment, irrespective of sex, gender identity or sexual orientation.
Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies an individual equal access to the University’s education program or activity.
Unwelcome verbal or physical behavior that is directed at an individual based on sex, when these behaviors are sufficiently severe or pervasive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions or living conditions by creating an intimidating, hostile or offensive environment.
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.
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 Sexual Harassment and University Sexual Misconduct policies.
Title IX Investigator
Primarily responsible for conducting a non-biased, fair, impartial, prompt and thorough investigation of alleged violations of the University’s Sexual Misconduct policy and the Title IX Sexual Harassment policy.
Any individual who shares information relating to an allegation of prohibited conduct under this policy.
III. Prohibited Conduct
This policy addresses University Sexual Misconduct (must meet sufficiently severe or pervasive), which encompasses all the prohibited conduct described below that occurs on the basis of sex that does not fall within the definitional or jurisdictional requirements of the federal regulations underlying the Title IX Sexual Harassment (must meet severe, pervasive and objectively offensive plus jurisdiction requirements) policy.
Examples of prohibited conduct under this University Sexual Misconduct policy may include:
- Conduct that occurs in the local vicinity (e.g., an off-campus apartment) but outside of a University program or activity.
- Conduct that occurs outside of the United States when the conduct is associated with aUniversity-sponsored program or activity, such as travel, research or internship programs.
- Conduct that involves the use of the University’s computing and network resources, including but not limited to accessing email accounts.
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. Prohibited conduct involving force, duress or inducement of incapacitation, or where the respondent has deliberately taken advantage of another individual’s state of incapacitation, will be deemed especially egregious and may result in suspension, dismissal/expulsion or termination of employment. 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.
The following prohibited behaviors fall under the University Sexual Misconduct policy only if they fall outside the jurisdictional requirements of the Title IX Sexual Harassment policy (as described in Section III of the Title IX Sexual Harassment policy) or fall under the University Sexual Misconduct policy and not the Title IX Sexual Harassment policy, regardless of where or under what circumstances they occur:
Dating Violence @Model.DrawerTitleSize>
"Dating violence" is defined by the Title IX Rule by reference to the Violence Against Women Act (VAWA), 34 U.S.C. § 12291(a)(10), which means violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the complainant. 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 people involved in the relationship.
Domestic Violence @Model.DrawerTitleSize>
A felony or misdemeanor crime of violence committed. “Domestic violence’’ under the new regulations is also defined by reference to VAWA, at 34 U.S.C. § 12291(a)(8). Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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 the jurisdiction.
Improper Conduct Related to Sex @Model.DrawerTitleSize>
Unprofessional or inappropriate conduct that is sexual in nature and has the effect of unreasonably interfering with an individual’s educational experience, working conditions or living conditions.
Quid Pro Quo Sexual Harassment @Model.DrawerTitleSize>
An employee of the University conditioning the provision of an aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct.
Sexual Assault @Model.DrawerTitleSize>
Any sexual act directed against another person, without the consent of the individual, including instances where the person is incapable of giving consent. Sexual assault can occur between individuals of the same or different sexes and/or genders. This includes the following:
- Rape: The carnal knowledge of a person, without the consent of the individual, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Sodomy: Oral or anal sexual intercourse with another person, without the consent of the individual, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Sexual Assault With an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the individual, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the individual, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Incest: Sexual intercourse between people who are related to each other within degrees wherein marriage is prohibited by law.
- Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent in the state that the incident occurred.
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Any act whereby one individual violates the sexual privacy of another or takes unjust or abusive sexual advantage of another who has not provided consent, and that does not constitute non-consensual sexual penetration or non-consensual sexual contact. Examples may include recording, photographing, transmitting, viewing, or distributing intimate or sexual images or sexual information without the knowledge and consent of all parties involved; voyeurism (i.e., spying on others who are in intimate or sexual situations).
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Unwelcomed sexual conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies an individual equal access to the University’s education program or activity.
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Unwelcome verbal or physical behavior, which is directed at an individual based on sex, when these behaviors are sufficiently severe or pervasive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions or living conditions by creating an intimidating, hostile or offensive environment. Examples of conduct that can constitute sexual harassment if based on an individual’s sex include but are not limited to:
- Unwelcome jokes or comments (e.g., sexist jokes).
- Disparaging remarks about sex, gender identity or gender expression (e.g., negative or offensive remarks or jokes about an individual’s self-presentation).
- Displaying negative or offensive posters or pictures about sex.
- Electronic communications, such as e-mail, text messaging and Internet use, violate this policy.
Engaging in a course of conduct directed at a specific individual would cause a reasonable person to: fear for the individual’s safety or the safety of others; or suffer substantial emotional distress. For the purposes of the Stalking definition:
- "Course of conduct" means two or more acts, including acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about an individual, or interferes with an individual’s property.
- "A 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.
University Retaliation @Model.DrawerTitleSize>
The University expressly prohibits any form of retaliatory action against any member of the University community who in good faith: (1) files a report, complaint or grievance under this policy (or with an external entity); (2) opposes in a reasonable manner an action or policy believed to constitute a violation of this policy; or (3) participates in University investigations, compliance reviews or disciplinary proceedings under this policy. Depending on the circumstances referenced above, retaliatory acts may include (but are not limited to):
- Adverse action relating to participation in an educational or working program.
- Adverse employment action.
- Engaging in conduct that constitutes stalking, harassment or assault.
- Engaging in efforts to have others engage in retaliatory behavior on one’s behalf.
- Unreasonably interfering with the academic or professional career of another individual.
The University retains the right to charge an individual for making a materially false statement in bad faith during an investigation. The University will not conclude that any individual has made a materially false statement in bad faith based solely on determination regarding responsibility. Complaints alleging retaliation under this policy will be addressed promptly and equitably. Where the individual allegedly retaliating is not affiliated with the University, and not otherwise subject to its policies, the University will have limited ability, if any, to act against that person.
Notwithstanding the above, the exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this policy. Charging an individual with a University violation for making a materially false statement in bad faith during a grievance proceeding under this policy does not constitute retaliation; provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
For purposes of this policy, consent is defined as follows:
Consent is a clearly communicated mutual agreement in which all parties are knowing and capable of voluntarily making the decision to engage in sexual activity. The clearest method to convey consent to sexual activity is by affirmative words, actions and/or behaviors. Voluntary consent does not include coerced submission. A lack of physical resistance does not mean that consent was voluntarily given.
Consent is present when clearly understandable words or actions manifest a knowing, active, voluntary, present and ongoing agreement to engage in specific sexual or intimate contact. Consent should be all of the following:
- Knowing: All individuals understand, are aware of and agree as to the “who” (same partners), “what” (same acts), “where” (same location), “when” (same time) and “how” (the same way and under the same conditions) of the sexual activity.
- Active: Consent must take the form of “clearly understandable words or actions” that reveal one’s expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission, or the lack of verbal or physical resistance (including the lack of a “no”) should not — in and of themselves — be understood as consent. Consent cannot be inferred by an individual’s manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room, or location or going on a date.
- Voluntary: Consent must be freely given and cannot be the result of a person's:
- Present and Ongoing: Consent must exist at the time of sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.
- Consent may also be withdrawn at any time, provided the person withdrawing consent makes that known in clearly understandable words or actions.
Indications that consent is not present include but are not limited to:
- When duress is present.
- When physical force is used or there is a reasonable belief of the threat of physical force.
- When one individual overcomes the physical limitations of another individual.
- When an individual is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the individual is in a state of incapacitation or physical helplessness.
Important points regarding consent include:
- Consent to one act does not constitute consent to another act.
- Consent on a prior occasion does not constitute consent on a subsequent occasion.
- The existence of a prior or current relationship does not constitute consent.
- Consent can be withdrawn or modified at any time when clearly communicated.
- Consent is not implicit in an individual’s manner of dress.
- Accepting a meal, a gift or an invitation for a date does not imply or constitute consent.
- Silence, passivity or lack of resistance does not necessarily constitute consent.
- Initiation by someone who a reasonable person knows or should have known to be deemed incapacitated is not consent.
Best practices for ensuring consent:
- All parties are sober.
- Ask along the way:
- Communicate clearly along the way:
Alcohol, Drugs and Consent
Understand that consuming alcohol or drugs lowers inhibitions and can lead to regret sex and confusion about whether consent was given and/or received. When under the influence:
- You may not make rational decisions but impulsive ones.
- You may be more likely to engage in behavior you regret later.
- You or others may confuse the issue of whether consent was clearly given and/or received.
- You may be manipulating or coercing someone to do something that you would not if you or they were sober.
When one or more persons are under the influence of alcohol or drugs, it is difficult to ascertain if either person(s) is incapacitated or in a blacked-out state. Persons may appear to function normally when that person actually does not have awareness. When people do not know each other well, they may not recognize that another is incapable of giving consent. Therefore, unless a person is physically helpless, others may not recognize that someone is unable to consent. Know your limits! If you do not know the limits of others, stop!
V. Confidentiality 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 regarding 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.
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The term “confidentiality” refers to the circumstances under which information will or will not be disclosed to others. Several campus professionals are designated as Confidential Resources, to whom confidentiality is attached. Confidential Resources are not obligated to report information that is provided to them. This allows individuals to explore their options in a non-pressure environment while they make informed decisions. There may be exceptions in cases involving child abuse, imminent risk of serious harm, emergent hospitalization or a court order. In addition, non-identifying information about violations of the University’s Title IX Sexual Harassment and Sexual Misconduct policies will be submitted to Campus Safety and Security for purposes of the anonymous statistical reporting under the Clery Act.
An individual who is not prepared to make a report, or who may be unsure how to label what happened, but still seeks information and support is strongly encouraged to contact a Confidential Resource or the Title IX Coordinators. Confidential Resources are listed in the Administrator’s Contact Information section at the beginning of this policy.
Confidentiality Rights of Complaints and Respondents @Model.DrawerTitleSize>
While complainants, respondents and witnesses involved in the grievance process under this policy are strongly encouraged to exercise discretion in sharing information to safeguard the integrity of the process and to avoid the appearance of retaliation, complainants and respondents are not restricted from discussing the allegations under investigation.
Medical, psychological and similar treatment records are privileged and confidential documents. Those records cannot be accessed or used for a grievance process under this policy without the relevant party’s voluntary, written consent.
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If Campus Safety and Security becomes aware of a serious and continuing threat to the campus community, Campus Safety and Security may issue a timely warning in accordance with federal regulation to protect the health or safety of the community. Campus Safety and Security may also publish a reported incident in the daily crime log or annual security report. In addition, the University may also share non-identifying information, including data about outcomes and sanctions, in aggregate form. The University will not disclose the name or other personally identifiable information of the complainant unless it has received the express consent of the complainant or unless the release of such information is consistent with legal requirements or mandated by law.
VI. Options for Complainants, Respondents and Other Reporting Individuals
A complainant, respondent or witness has many options, including counseling and support services.
A complainant may:
- Request supportive measures from the Title IX Coordinator.
- File a report with the Title IX Coordinator.
- Contact Campus Safety and Security and/or the Title IX Coordinator for assistance in filing a police report and preserving physical evidence.
- Contact local law enforcement to file a police report.
- Seek medical assistance and/or local community assistance.
An individual may pursue some or all 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 course of action nor how to label what happened.
Note: Information regarding contact information for local law enforcement and medical assistance is provided in Appendix B.
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Any individual may make an anonymous report alleging violation of this policy using the online Sexual Misconduct form. However, there is limited action, if any, the University can take without knowing the identity of the complainant making the allegation.
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Complainants and other reporting individuals are encouraged to report any violation of this policy as soon as possible to maximize the University’s ability to respond promptly and effectively. Reports may be made at any time without regard to how much time has elapsed since the incident(s) in question. If the respondent is no longer a student or employee at the time of the report, the University may not be able to gather evidence sufficient to reach a determination as to the report and/or the University may not be able to take disciplinary action against the respondent. However, the University will still seek to provide support for the complainant and seek to take steps to end the prohibited behavior, prevent its recurrence and address its effects.
To encourage reports of conduct that is prohibited under this policy, the University may offer leniency with respect to other violations, which may become known because of such reports, depending on the circumstances involved.
- Daytona Beach Students, please refer to the Responsible Eagle Intervention Protocol (through ERNIE).
- Prescott Students, please refer to the Responsible Action Policy found in the Student Handbook.
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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.
VII. Supportive Measures for Complainants and Respondents
Upon receipt of a report 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.
- Inform the complainant of the availability of supportive measures with or without the filing of a report.
- 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 misconduct. 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:
- 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
- Leaves of absence
- Increased security and monitoring of certain areas of the campus
- Other measures 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.
VIII. Informal Resolution Process
Subject to the consent of the parties and the approval of the Title IX Coordinator, the University permits informal resolution processes. The informal resolution process is available in matters involving a student complainant and a student respondent, and 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/employees. The purpose of the informal resolution process is to address the conduct that 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.
Before the informal resolution process is used, both parties must provide voluntary, written consent to the informal resolution process and 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 non-informal resolution 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 University Sexual Misconduct 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 determination of reports of University Sexual Misconduct. Similarly, the University will not require, encourage or discourage the parties from participating in the informal resolution process.
See Appendix C for additional information regarding the informal resolution process.
IX: Formal Grievance Procedures for University Sexual Misconduct
The University is committed to providing a prompt and impartial investigation and determination of all reports alleging violations of this policy. The Title IX Coordinator may need to conduct an initial assessment in order to determine if the alleged conduct falls under the University Sexual Misconduct Policy. During the grievance process, both parties (complainant and respondent) have equal rights to participate.
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Conflict of Interest
All individuals who have responsibilities in administering the grievance process under this policy must be free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Any concerns should be addressed to the Title IX Coordinator.
Responsibility to Review Reports
To protect the safety of the campus community, the Title IX Coordinator may review reports of violations under this policy or under certain circumstances. In such a circumstance, the Title IX Coordinator will consider the complainant’s articulated concerns, the best interests of the University community, fair treatment of all individuals involved and the University’s obligations under this policy.
Presumption of Good Faith Reporting
The University presumes that reports of prohibited conduct are made in good faith. A finding that the alleged behavior does not constitute a violation of this policy or that there is insufficient evidence to establish that the alleged conduct occurred as reported does not mean that the report was made in bad faith.
Presumption of Non-Responsibility
The respondent is presumed not to be responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the grievance process.
Honesty and Cooperation During Grievance Process
The University expects all members of the University community to be honest and cooperative in their official dealings with the University under this policy. In this regard, individuals are expected to acknowledge requests from university officials for information in a timely fashion and to make themselves available for meetings with university officials or any officials acting on behalf of the University. Any student or member of the faculty or staff who fails to do so may be subject to discipline.
The parties may be accompanied by an advisor of their choice to all meetings and interviews during the formal grievance process. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity and in good faith. An advisor is an individual chosen by a complainant or a respondent to provide support during the process. An advisor may be a member or non-member of the University community and may be an attorney. If one party seeks to engage an attorney, the university will not provide an attorney for the other party.
The role of the advisor is narrow in scope: the advisor may attend any interview or meeting connected with the grievance process, but the advisor may not actively participate in interviews and may not serve as a proxy for the party.
It is highly recommended that advisors for one party do not reach out to the advisor of the other party, to the other party or to witnesses. The advisors reaching out may be seen as retaliatory/intimidating. It may be considered a violation of a No Contact Order between the parties if their representation attempts to contact the other party or witnesses to gather evidence. An advisor’s communication for the purposes of Embry-Riddle's policy should be limited to their own advisee. Parallel criminal cases conducted by law enforcement are separate and independent of this policy.
Any individual who serves as an advisor is expected to make themselves available for meetings and interviews throughout the investigation process. The University (including any official acting on behalf of the University, such as an investigator or a Title IX Coordinator) always has the right to determine what constitutes appropriate behavior on the part of an advisor and to take appropriate steps to ensure compliance with this policy.
Prior Sexual Behavior
The complainant’s predisposition or prior sexual behavior are not relevant and will not be used during the grievance process. Exceptions may be considered as an attempt to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
The Title IX Coordinator has the discretion to consolidate multiple complaints as to allegations of Sexual Misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.
Stopping of Investigations and Referrals
The Title IX Coordinator may make the decision to close a case, stop the investigation of a case and/or refer the case to another University department at any time during the investigation due to lack of supporting evidence of a violation of this policy or at the written request of the Complainant.
Investigation of Allegations Pertaining to Other University Policies
During an initial assessment or investigation, other related violations by the same party(ies) may be identified. The Title IX Coordinator may direct the Title IX Investigator to investigate those possible violations of other University policies while they are investigating the allegations falling under this policy. Under those circumstances, the outcomes from the investigation of the non-University Sexual Misconduct matter will be provided to the office of responsibility as a matter of record, if necessary.
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The University seeks to complete investigations and adjudications within 90-120 business days after the investigators’ first interview with the complainant. The university recognizes the stress for those involved and makes every effort to reduce the time from start to completion while still ensuring the integrity of the process. See Appendix E for more information about the process.
There may be circumstances that require the extension of time frames for good cause. Time frames may be extended to ensure the integrity and completeness of the investigation or determination; comply with a request by external law enforcement; accommodate the absence of a party, advisor or witness; or for other legitimate reasons, including the complexity of the investigation, and the severity and extent of the alleged misconduct. The University will notify the parties in writing of any extension of the time frames for good cause, and the reason for the extension.
In accordance with University policy, the University will review requests for language assistance and accommodation of disabilities throughout the investigation and determination process. Please contact the Title IX Coordinator on your campus if you need any type of accommodations.
Although cooperation with law enforcement may require the University to temporarily suspend the fact-finding aspect of an investigation, under such circumstances, the University will promptly resume its investigation as soon as it is notified by the law enforcement agency that the agency has completed the evidence gathering process. The University will not, however, wait for the conclusion of a criminal proceeding to begin its own investigation and, if needed, will take immediate steps to provide supportive measures for the complainant or respondent. Neither a decision by law enforcement regarding prosecution nor the outcome of any criminal proceeding will be considered determinative of whether a violation of this policy has occurred.
If the Title IX Coordinator has determined, following an initial assessment, that an investigation is appropriate, the Title IX Coordinator will appoint a Title IX Investigator.
Notice of Investigation
Following the receipt and review of the formal complaint by the Title IX Coordinator, and it being determined that the matter properly falls under this University Sexual Misconduct policy, the parties will be informed in writing of the initiation of the investigation. The written information shall include:
- The identities of the parties, if known.
- A concise summary of the alleged conduct at issue, including when and where the alleged behaviors occurred, if known.
- Notice of the allegations constituting a potential violation of the University Sexual Misconduct policy.
- A statement that the respondent is presumed not responsible and that a determination regarding responsibility is made at the conclusion of the grievance process.
- A statement informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney.
- A statement informing the parties that they will have the opportunity to inspect, review relevant evidence and provide final comments.
- A statement informing the parties that knowingly making false statements or knowingly submitting false information during the grievance process may constitute a violation of University policy.
- Information regarding the applicable grievance procedures, including the potential for an informal resolution process.
If, during the investigation, additional information is disclosed that may also constitute prohibited conduct under this policy, the respondent and complainant will be informed in writing that such additional information will be included in the grievance process.
Gathering of Evidence
The investigator is responsible for gathering evidence as reasonably possible. Parties and witnesses are expected to provide all available relevant evidence to the investigator during the investigation. Each party will be given equal opportunity to suggest witnesses and provide other relevant information, such as medical, mental health or law enforcement documentation, communications, photographs and other evidence. If a party or witness fails to provide available relevant evidence during the investigation, such evidence may, at the discretion of the Title IX Coordinator, be excluded from consideration. It is recommended that both parties suggest questions to be posed to the other party or witnesses. Parties and witnesses are expected to provide all available relevant evidence to the investigator during the investigation.
The Title IX Investigator will provide written notice no less than three business days prior to the meeting with a Title IX Investigator. The written notice will include:
- Location and/or method
- Any other person(s) who will be attending the meeting
A Title IX Investigator will interview parties and witnesses separately. On occasion, a Title IX Investigator may seek assistance from another Title IX Investigator for interviewing purposes. The Title IX Investigators will record all interviews or take notes of the interviews. Any other recording of interviews is prohibited, and violations may result in discipline.
The investigators will not require, allow, rely upon or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege (e.g., attorney-client, doctor-patient), unless the individual holding such privilege has written consent to do so.
Prior to the conclusion of the investigation, the investigator will create an investigative report that summarizes for the parties the information that will be used to render a finding. The investigator will provide the parties with a copy of the draft investigative report, including all relevant evidence, analysis and credibility assessments.
Within 10 business days of receiving the investigative report, each party may respond in writing, which may include a request that the investigator collect additional evidence. If the investigators believe that further information is needed following receipt of any responses from the parties, the investigator will pursue any additional investigative steps as needed. Any written comments received from the parties, along with any additional evidence gathered, will be shared with both parties before the finalization of the investigative report. The investigator(s) will then provide the Decision-Maker the final investigative report, which will include the parties' comments and any additional evidence gathered, as appropriate.
Rendering a Decision
A Decision-Maker will render the decision as to whether the respondent violated or did not violate the University Sexual Misconduct policy.
Standard of Proof
The standard of proof under this policy is clear and convincing. The Clear and Convincing Evidence Standard means the evidence is highly and substantially more likely to be true than untrue. Put another way, clear and convincing evidence requires that the evidence 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 in 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.
The Decision-Maker and/or designee shall make a determination, by a clear and convincing standard, whether the respondent has violated the policy. The Decision-Maker or designee will provide the Notification of Outcome to both parties and their advisors (if applicable). The Notification of Outcome will include:
- The allegations potentially constituting sexual misconduct.
- A description of the procedural steps taken from the receipt of the formal complaint through the determination (including any notifications to the parties, interviews with parties and witnesses, site visits (if any), and methods used to gather other information.
- Findings of fact supporting the determination.
- Conclusions regarding the application of this policy to the facts.
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility (i.e., whether a policy violation occurred).
The parties and their advisors will simultaneously be provided with the written determination and sanctions (if appropriate) via electronic format.
The Decision-Maker or designee will determine appropriate sanctions and may consult with other University administrators as needed. Any sanctions will be included in the Notice of Outcome letter.
The Decision-Maker, in consultation with the Title IX Coordinator and Human Resources, will determine the sanctions for University employees (eg., faculty, staff, agent, vendor, etc.) found responsible for violating the Sexual Misconduct policy.
See Appendix D for the range of sanctions under this policy.
A single Appeal Decision-Maker will hear appeals under this policy. The Appeal Decision-Maker may be internal or external. An appeal is limited in scope. The purpose of an appeal is not to initiate a review of substantive issues of fact or a new determination of whether a violation of University rules has occurred.
Appeals may be submitted on the following basis:
- Procedural irregularity that affected the outcome of the matter.
- New evidence that was not reasonably available at the time the determination regarding non-responsibility, responsibility or dismissal was made, which could affect the outcome of the matter.
- The Title IX Coordinator or their staff, investigator(s) or Decision-Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
Both parties have equal rights to an impartial appeal at the following junctures:
- Upon the dismissal, stopping or transferring of a formal complaint or any allegations therein.
- Upon receiving the Decision-Maker’s written determination regarding responsibility and, when applicable, sanctions and remedies.
To appeal, a party must electronically submit a written appeal statement to the Title IX Coordinator within five business days of receipt of the written determination or dismissal, stopping or transferring notice. The Appeal Decision-Maker may deem a late submission reasonable only under extenuating circumstances, and the Appeal Decision-Maker may decide in their sole discretion what constitutes valid extenuating circumstances. The appeal shall outline the basis for appeal and the relevant information to substantiate the appeal. The non-appealing party will be provided with a copy of the appealing party’s written statement and may submit a written response to the Title IX Coordinator within three business days of receipt of the appealing party’s written statement. The non-appealing party’s statement will be provided to the appealing party. No further appeal submissions from the parties shall be permitted.
In deciding an appeal, the Appeal Decision-Maker may consider the investigative report and any responses, the written determination, and any written appeal(s) or statements by the parties. The Appeal Decision-Maker also may consider any other materials the University deems relevant and that have been shared with the parties.
The parties and their advisors will simultaneously be provided (via electronic format) with the written decision describing the result of the appeal and the rationale for the result.
- If the Appeal Decision-Maker finds that the earlier decision should stand, the parties will be so informed, and the Sexual Misconduct process is concluded.
- If the Appeal Decision-Maker finds that there was procedural irregularity that affected the outcome of the matter, the matter will be remanded to the Title IX Coordinator to determine appropriate further action.
- If the Appeal Decision-Maker finds that new evidence is available that was not available at the time of the determination regarding non-responsibility, responsibility or dismissal, and such evidence could alter the outcome of the matter, the matter will be remanded to the Title IX Coordinator for appropriate further action.
- If the Appeal Decision-Maker finds that the Title IX Coordinator, Title IX Investigator(s) or Decision-Maker had a conflict of interest or bias for or against both parties or either of the parties that affected the outcome, the Appeal Decision-Maker will respond appropriately to address and remediate the impact of the bias or conflict consistent with the general procedures of this policy.
The Appeal Decision-Maker will seek to complete the appeal review within 10 business days of receipt of the appealing party’s written statement. The Appeal Decision-Maker’s determination becomes final on the date that the parties are provided with the written determination or result of an appeal, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Record Retention @Model.DrawerTitleSize>
The University will maintain for a period of at least seven years records of the following:
- Each University Sexual Misconduct grievance process conducted under this policy, including any determination regarding responsibility, any audio or audiovisual recording or transcripts, and any disciplinary sanction imposed on the respondent.
- Any informal resolution and the result therefrom.
- Records of any actions, including any supportive measures taken in response to a report of sexual misconduct. In each instance, the University will document the basis for its conclusion. If the University does not provide a complainant with supportive measures, then the University will document the reasons why.
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:
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.
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.
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.
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.
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
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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 911. They can also request assistance contacting the proper agency through the Title IX Coordinator, Campus Safety and Security, or a confidential reporter. If the Reporting Party is under 18 years of age, the University has an obligation to contact law enforcement.
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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. For more information about seeking assistance for a sexual harassment (sexual assault, rape, sodomy, domestic/dating violence, stalking) incident:
Daytona Beach Campus
Halifax Health Medical Center (Halifax)
303 N. Clyde Morris Blvd.
Daytona Beach, FL 32114
301 Memorial Medical Pkwy
Daytona Beach, FL 32117
Volusia County Rape Crisis Center
1000 Big Tree Road
Daytona Beach, FL 32114
Phone: (386) 236-3123 (Monday-Friday, 8 a.m.-5 p.m.)
24-Hour Sexual Assault Helpline: 800-503-7621
Yavapai Family Advocacy Center (YFAC)
Prescott Valley, AZ 86312
Yavapai Family Advocacy Center is the only location in Yavapai County that performs sexual assault exams, as the hospitals do not. Because YFAC is a safe place for victims, the physical address is not published.
Yavapai Regional Medical Center East
7700 Florentine Rd.
Prescott Valley, AZ 86314
Yavapai Regional Medical Center West
1003 Willow Creek Rd.
Prescott, AZ 86301
Appendix C: Informal Resolution Process
The University may resolve formal complaints through informal resolution (such as facilitated discussion) 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.
Both parties must provide voluntary, written consent in order to participate in the informal resolution process and will receive written notice of the allegations. 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 participate in the informal resolution process.
- The University may offer the informal resolution process only under the following circumstances:
- The complainant has filed a complaint or relayed their concerns to the Title IX Office.
- The Title IX Coordinator has determined, through an initial assessment that the alleged conduct, if substantiated, would constitute 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, which may be an attorney; however, it is not a requirement to have an advisor for the informal resolution process.
- The Title IX Coordinator must approve any agreements reached as part of the informal resolution process 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.
Title IX Coordinator will consider whether the informal resolution process is appropriate in the matter. In making this determination, the Title IX Coordinator will consider the following factors:
- The disciplinary record (or past conduct) of the respondent relating to sexual misconduct, physical violence, failure to comply with University policies, and/or other relevant conduct.
- The nature of the alleged conduct, whether allegations involve multiple complainants and/or a pattern of conduct, or other evidence-informed factors indicative of increased risk to campus safety.
- Whether the circumstances warrant the Title IX Coordinator filing a formal complaint (e.g., if there is sufficient evidence to proceed with an investigation/adjudication even absent participation by the complainant).
- Whether proceeding with the informal resolution process is in accordance with the principles and objectives of the University’s Title IX Sexual Harassment and/pr University Sexual Misconduct policy, as determined by the Title IX Coordinator:
- Whether proceeding with the informal resolution process in matters involving faculty and staff members is in accordance with University employment practices.
If the Title IX Coordinator determines that a case is not appropriate for the informal resolution process, the Title IX Coordinator will inform the complainant in writing that the informal resolution process is unavailable.
If the formal grievance process has already begun, either party may seek to initiate the informal resolution process before the comment period concludes for the investigative report review period. If both parties agree to participate in the informal resolution process, and the Title IX Coordinator approves of the informal resolution process, the formal grievance process will be adjourned while the informal resolution process is pending; if an agreement is not reached, the formal grievance process will be resumed.
Upon initiation of the informal resolution process, the Title IX Coordinator may refer the matter to a trained informal resolution facilitator or conduct the facilitation themselves. The facilitator will consult (separately) with each party to reach a resolution that best meets the interests and needs of the parties. Unless the parties mutually choose to meet as part of an agreement, the parties will not be required to meet in person as part of the process.
Potential Outcomes of the Informal Resolution Process @Model.DrawerTitleSize>
Depending on the nature and circumstances of the situation, parties may agree to outcomes such as:
- Mutual No Contact Order (e.g., no communication order)
- Restrictions on the respondent from participation in particular organizations or events.
- Changes to on-campus housing, subject to availability.
- Conversation between the parties facilitated by the Title IX Coordinator or a trained individual appointed by the Title IX Coordinator.
- Other measures deemed appropriate by the Title IX Coordinator.
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Failure to comply with the signed agreement may result in disciplinary action for either party, consistent with the disciplinary procedures described in other University policies.
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The records relating to the informal resolution process will be maintained for a minimum of seven years. Even if the parties enter into a written informal resolution agreement, if information related to the violation of other University policies (i.e., policies other than the Title IX Sexual Harassment policy or the University Sexual Misconduct policy) becomes known through the informal resolution process, such information may be used in other University disciplinary processes, subject to amnesty-type policies.
The protections against Retaliation apply to individuals participating in the informal resolution process. Disciplinary consequences may result for those found responsible for Retaliation.
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The period for completion of the informal resolution process may vary, but the University will seek to complete the informal resolution process within 30 business days of completion of the initial assessment. Should the time extend beyond this period, the parties will be notified.
Appendix D: Range of Sanctions Under This Policy
Members of the University community may be subject to disciplinary sanctions for violating this policy.
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The sanctions for students are listed below.
A formal statement that the conduct was unacceptable and a warning that further violation of any Embry-Riddle Aeronautical University policy, procedure or directive will result in more severe sanctions/responsive actions.
A mandate to meet with and engage in either University-sponsored or external counseling to better comprehend the misconduct and its effects.
A written reprimand for violation of University policy, providing for more severe disciplinary sanctions if the student or organization is found in violation of any institutional policy, procedure or directive within a specified period. Terms of probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders and/or other measures deemed appropriate.
Termination of student status for a definite period not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their enrollment as a student at Embry-Riddle Aeronautical University.
Permanent termination of student status and revocation of rights to be on campus for any reason or to attend Embry-Riddle Aeronautical University-sponsored events.
Embry-Riddle Aeronautical University may withhold a student’s diploma for a specified period and/or deny a student participation in commencement activities if the student has an allegation pending, or as a sanction if the student is found responsible for an alleged violation.
Revocation of Degree
Embry-Riddle Aeronautical University reserves the right to revoke a degree previously awarded from the University for fraud, misrepresentation and/or other violation of Embry-Riddle Aeronautical University policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
Deactivation, loss of recognition or loss of some or all privileges (including Embry-Riddle Aeronautical University registration as a recognized organization) for a specified period.
In addition to or in place of the above sanctions, Embry-Riddle Aeronautical University may assign any other sanctions as deemed appropriate.
The following may accompany the preceding sanctions, as appropriate:
- University Housing: When appropriate to the infraction, particularly in instances involving antisocial behavior having a serious impact on the residential community, removal from university housing or relocation within university housing may be added to any of the other sanctions listed above, except warning and reprimand.
- Restriction of Access to Space, Resources and Activities: When appropriate in cases involving behavioral misconduct between members of the community, restrictions may be placed on access to space and/or resources, or on participation in activities to limit opportunities for contact among the parties.
- Educational Refresher Programs: In addition to any of the sanctions listed above, a student may be required to participate in educational refresher programs appropriate to the infraction.
- Restitution: The sanction for willful or reckless damage or vandalism will ordinarily include restitution for replacement or repair.
Sanctions Applicable to Faculty and Staff Members @Model.DrawerTitleSize>
For violations of this policy by faculty or staff members, disciplinary sanctions may include (in accordance with the employment policies governing the employee in question) counseling or training, written warning, financial penalty, unpaid leave of absence, suspension (or recommendation for suspension), demotion, termination (or recommendation for termination) in accordance with applicable policies. The University may place a faculty or staff member on administrative leave during the pendency of a grievance process, provided that such action shall not modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.
Sanctions Applicable to Non-Members of the University Community @Model.DrawerTitleSize>
For violations of this policy by non-members of the University community, including alumni, disciplinary sanctions may include being temporarily or permanently barred from the University or subject to other restrictions.
Appendix E: Reasons Why the Process Takes Time
Listed below are reasons that a case/investigation may take longer than anticipated:
- 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-plus).
- Illness of one or more parties or Title IX staff.
- Gathering evidence from both parties and witnesses.
- More people 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.
- Writing up final report to only include relevant information.
- Review of final report by both parties and their advisors (10 business days).
- Updating report with any final comments by parties.
Please understand the list above is not an exhausted list and that other reasons (that will be communicated in writing) may apply to other University policies.
Appendix F: Non-Sexual Harassment Sex Discrimination
Embry-Riddle Aeronautical University responds to all allegations of discrimination and harassment, and takes steps to ensure that each is addressed according to applicable policies and legal requirements. These may include experiences of bias based on sex, gender identity, gender expression, sexual orientation, pregnancy status or any protected category under Title IX Federal Regulations.
When the University becomes aware that a member of the University community may have been subjected to or affected by discriminatory and/or harassing behavior based on one of the above protected categories, the University will take prompt action, including a review of the matter and, if necessary, an investigation and appropriate action to stop the discrimination and/or harassment The course of action taken by the University, including any disciplinary action, will depend on the particular facts and circumstances involved.
To report a sex discrimination/gender equity concern, including athletics, please contact one of the University’s Title IX Coordinators:
Daytona Beach and Worldwide Campuses:
- Autumn Meyers-Parker, 386-226-6677, email@example.com, Student Union, Suite 324, 1 Aerospace Blvd., Daytona Beach, FL 32114
- Dr. Elizabeth Frost, 928-777-3747, firstname.lastname@example.org, Building 73, Room 131, 3700 Willow Creek Rd., Prescott, AZ 86301
No Retaliation Policy
The University expressly prohibits any form of retaliatory action against any member of the University community who, in good faith: (1) files a report, complaint or grievance under this policy (or with an external entity); (2) opposes an action or policy believed to constitute a violation of this policy; (3) participates in University investigations, compliance reviews or discipline proceedings under this policy; and (4) attempts to seek retribution against an individual or group of individuals involved in filing a complaint or report under this policy, filing an external complaint, participating in a disciplinary process or opposing an action believed to constitute a violation of this policy. Depending on the circumstances referenced above, retaliatory acts may include but are not limited to:
- Adverse employment action.
- Adverse action relating to participation in an educational program.
- Unreasonably interfering with the academic or professional career of another individual.
- Engaging in conduct that constitutes stalking, harassment or assault.
- Engaging in efforts to have others engage in retaliatory behavior on one's behalf.