Sexual Misconduct, Relationship and Intimate Partner Violence, Stalking

If you are in immediate danger, call 911 and then Campus Safety at (386) 506-4444.

Prohibition of Sexual Misconduct and Harassment, Relationship Violence, Stalking

Daytona State College is committed to providing a place of learning and work that is free of violence, including all forms of violence, harassment, intimidation or exploitation.

Daytona State College does not tolerate any form of sexual misconduct or harassment, relationship violence, (which includes domestic and dating/intimate partner violence), or stalking on any College property or at any College-sponsored event. DSC always considers any incident of Sexual Assault, Domestic Violence, Dating Violence, or Stalking, to be a crime, regardless of whether the incident is classified as a crime by a local law enforcement jurisdiction.

The following Daytona State College policies address sexual misconduct, relationship violence, and stalking.

The Clery Act, Violence Against Women Act, and Title IX.

The Clery Act, Violence Against Women Act, and Title IX are federal laws that address how institutions of higher education prevent and respond to the crimes of Sexual Assault, Domestic Violence, Dating Violence and Stalking, (known as the "VAWA crimes").

These laws provide students and employees who report a VAWA crime with rights such as assistance from the College in obtaining services and resources and reasonable academic, transportation, and living accommodations.

Reporting VAWA Crimes

We strongly encourage you to report any VAWA crime to Campus Safety and law enforcement. Reporting to Campus Safety and law enforcement helps the College to effectively deal with these incidents. Campus Safety and law enforcement officers are trained to deal with these situations with sensitivity and compassion. Please also keep in mind that reporting to the police is not the same thing as prosecution. Prosecution can be determined later.

We understand however that survivors of VAWA crimes may seek other options than Campus Safety and law enforcement for reporting. Please visit our Reporting Crime and Emergencies page for more information and options.

Campus Security Authorities

Campus Security Authorities (CSA's) are College officials trained in receiving reports of VAWA and Clery Act crimes.

In addtion to a Campus Safety Officer, CSA's include but are not limited College officials in the role of

Athletics Director		Director of Counseling & Accessibility Services a
Athletics Coach		Counselor
Student Housing Resident Assistant (RA)		Human Resources Representative
Dean of Student Life		Judicial Affairs Officer
Title IX Coordinator		Human Resources Representative
Faculty Club Advisor		Academic Advisor
Regional Campus Director		Athletics Trainer

We also encourage you to pursue an injunction for protection, (often known as a "restraining order"), with court officials. If you choose to pursue this option, list Daytona State College as a restricted location and provide a copy to the Campus Safety Office on any campus location. DSC will comply with all court-ordered injunctions (restraining orders) that involve Daytona State College.

More information on Campus Security Authorities

For more information on rights and assistance for survivors of VAWA crimes, please view our document

Information for Survivors of Sexual Violence, Domestic Violence, Dating Violence and Stalking

For more information about the Clery Act and Violence Against Women Act view our

Annual Security Report and Campus Safety Guide

VAWA Crimes - Definitions:

Sexual Assault

Sexual assault includes any sexual act directed against another person, forcibly and/or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving consent, including forcible rape, forcible sodomy, sexual assault with an object and forcible fondling. Sexual assault includes unlawful, non-forcible sex offenses, including incest (non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law) and statutory rape (non-forcible sexual intercourse with a person who is under the statutory age of consent).
More information on Sexual Assault

Domestic Violence

Domestic violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies under the Violence Against Women Act, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Domestic violence is a crime defined in Fla. Stat. § 741.28 and ss. 741.28-741.31.
More information on Domestic Violence

Dating/Intimate Partner violence

Dating/Intimate Partner Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on statements given by the person reporting the violence and consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence is a crime defined in Fla. Stat. § 784.046 (1) (d). More information on Dating/Intimate Partner Violence

Stalking

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. A "reasonable person" under the definition of stalking means a reasonable person under similar circumstances. Acts of stalking may include acts in which the stalker, either directly, indirectly, or through a third party, follows, monitors, observes, threatens, communicates to or about a person, or interferes with a person's property. Stalking may include communication through electronic communication such as text messages or social media ("cyberstalking"). Stalking is a crime defined in Fla. Stat. § 784.048. More information on stalking:

Sexual Harassment

Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature when It is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions or evaluations or permissions to participate in a college activity OR the conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance by creating an intimidating or hostile academic, work or student living environment.

Consent

Consent is based on choice. Consent is an intelligent, voluntary, informed decision by someone capable of making such a decision. In order for there to be consent in a sexual situation, there must be an affirmative statement or action by each participant. Consent does exist if coercion, threats, intimidation, or physical force are used. Consent is not the lack of resistance. There is no duty to fight off a sexual aggressor. Consent can be withdrawn at any time, as long as the withdrawal is clearly communicated by the person withdrawing consent through words or actions. If someone is mentally or physically incapacitated or impaired such that they are temporarily or permanently incapable of appraising the sexual situation or controlling their own conduct, there can be no consent in the situation. This includes such impairment or incapacitation resulting from the consumption of alcohol or other drugs. Whether a person has used a position of authority or influence to take advantage of another person will be a consideration in determining whether consent exists in a sexual situation. A person is legally incapable of giving consent if he or she is:
• Under 18 years of age or
• Incapacitated or impaired as described above by alcohol or other drugs or
• Developmentally disabled or
• Temporarily or permanently mentally or physically unable to do so
Title XLVI, Chapter 794 of the Florida Statutes covers the criminal definitions relating to Sexual Assault and Consent for the jurisdiction of Daytona State College campuses.

View a summary of Florida Statutes concerning domestic violence, dating violence, and stalking.

Access the Florida Statutes online at: http://www.leg.state.fl.us/statutes/ or http://www.flsenate.gov/Laws/Statutes.