Sexual Misconduct and Interpersonal Violence

Daytona State strongly encourages all members of the College community to report any incident of sexual misconduct or interpersonal violence to the College. Students and employees who report to the College have rights to assistance, protective measures, and reasonable accommodations in their academic, work, living, and transportation situations. The College will treat victims/survivors with dignity, respect and compassion.

Information reported to the College will only be shared with College officials who need to know in order to conduct an investigation and keep the community safe. When a student reports to the College, it may initiate disciplinary proceedings, depending on the circumstances and the need to keep the College community safe.

For more information on privacy, confidentiality, and your rights when you report to the College, please view our Annual Security Report and Campus Safety Guide.

The best way to report sexual misconduct and interpersonal violence is to report to Campus Safety.

Campus Safety officers are not law enforcement officers and are not empowered as such. Campus Safety can provide immediate safety and assist you in contacting law enforcement and emergency medical services if you choose to do so. If you choose not to make a report to law enforcement, you will still receive assistance from the College. Please note that if you choose to report to law enforcement, you may choose later whether or not you wish to pursue prosecution.

If you prefer not to report to Campus Safety, there are other College officials whose responsibility is to take reports of sexual misconduct and interpersonal violence and make sure that information gets to the right College officials to investigate and provide assistance. These College officials are referred by the Clery Act to as “Campus Security Authorities” or “CSAs”. They include Title IX Coordinators and College employees who are responsible for student activities, such as team coaches, Student Life employees, Resident Assistants in the Residence Hall, and club advisors.

Title IX Coordinators:

Title IX Coordinator
Cerese Ramos
Vice President of Student Development
Daytona Beach Campus, Wetherell Center (Bldg. 100), Office 210C
(386) 506-3840
Cerese.Ramos@DaytonaState.edu

Title IX Coordinator
Tanika Clemons
Associate Vice President of Human Resources
Wetherell Center (Building 100), Room 303K
(386) 506-4473
Tanika.Clemons@DaytonaState.edu

More information on Title IX, including reporting Title IX violations: daytonastate.edu/equity/titleix.html

Campus Security Authorities (CSAs) are College officials required by law to disclose any certain crimes reported to them, and are trained in taking crime reports and assisting victims.

In addition Campus Safety officers, CSAs may include, (but are not limited to), College officials in the following roles:

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

 

More information on Campus Security Authorities

For more information on Campus Security Authorities, including Training Opportunities, please contact Russell Gibbons at Russell.Gibbons@daytonastate.edu

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).

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.

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).

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:

• Stalking Prevention, Awareness and Resource Center (SPARC)
• Information for Survivors of Sexual Violence, Domestic Violence, Dating Violence, and 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.

• DSC Equity
• DSC Human Resources 

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.