Sexual Misconduct Policy

Note: This policy was last revised on April 1, 2024.

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.

I. Scope

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.

II. Terminology

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

Advisor

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.

Appeals Decision-Maker

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.

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 misconduct.

Complainant

Refers to the individual who is alleged to be the victim of conduct that could constitute University Sexual Misconduct.

Confidential Resource

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).

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 by affirmative words, actions and/or behaviors.

Decision-Maker

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.

Finding

A conclusion by the clear and convincing standard that the conduct did or did not violate policy.

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. 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.

Grievance

A notification to the University regarding possible violations of the University’s Sexual Misconduct policy. 

Incident Report

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.

Initial Assessment

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.

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.

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” 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 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. 

Remedial

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.

Remedies

Actions made post-determination and designed to restore or preserve equal access to Embry-Riddle Aeronautical University’s education program or activity.

Respondent

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.

Resolution

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

Result

A consequence, effect or outcome.

Sanction

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.

Sexual Harassment

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.

Sexual Misconduct

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.

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 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.

Witness

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 a University-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:

IV. Consent

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.

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.

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: 

• 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
• 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.

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

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.

Process

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.

Appendix D: Range of Sanctions Under This Policy

Members of the University community may be subject to disciplinary sanctions for violating this policy.

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.

Reporting

To report a sex discrimination/gender equity concern, including athletics, please contact the University’s Title IX Coordinator:  

• Autumn Meyers-Parker, 386-226-6677, meyerspa@erau.edu, Student Union, Suite 324, 1 Aerospace Blvd., Daytona Beach, FL 32114

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.