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. The College does not tolerate any form of sexual misconduct or sexual
harassment, or any behavior that puts the community at greater risk for such behaviors.
The term sexual misconduct encompasses any unwelcome behavior of a sexual nature committed without consent or by force, intimidation, coercion or manipulation. Sexual Misconduct includes sexual assault, domestic violence, dating violence, and stalking. Sexual misconduct can occur between persons of the same or different genders. Sexual misconduct is prohibited on any Daytona State College property and at College-sponsored event.
Survivors of sexual misconduct have rights guaranteed by Daytona State College and federal law. For more these rights, visit our Survivors' Rights page.
Daytona State College strongly encourages survivors of sexual misconduct to seek the help and resources that are available both on campus and in the community. To learn about these resources, visit our Resources for Survivors page.
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 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 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).
Note that for Clery purposes, an incident fitting the description of domestic violence or dating violence is considered a crime regardless of whether the incident qualifies as a crime in the local jurisdiction.
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.
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 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.
Relationship and gender-based violence and misconduct includes domestic violence, dating violence, and stalking. (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.
We strongly encourage you to report any incident of domestic violence, dating violence, or stalking to police and Campus Safety. This is entirely your choice. Reporting to law enforcement and Campus helps the College to effectively deal with these incidents, and police and Campus Safety officers are trained to deal with these situations with sensitivity and compassion. However, you can report the incident College officials known as Campus Security Authorities (CSA's), and you can choose to report anonymously and still receive your rights from the College. Often, victims of domestic violence, dating violence, and stalking feel embarrassed, guilty, or fear retaliation or possible humiliation. These are normal emotions. Know that law enforcement and the College can guide you to professional counseling and other behavioral health resources that can help you deal with these emotions. Please also keep in mind that reporting to the police is not the same thing as prosecution. Prosecution can be determined later. If you decide not to notify law enforcement, please secure medical attention and contact any of the victim support resources listed in this guide. To learn more about reporting a crime, visit our Reporting Crime page.
You are also encouraged 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. The college will comply with all court-ordered injunctions (restraining orders) that involve Daytona State College.
Certain campus officials have the qualification of "Campus Security Authority" ("CSA") under federal guidelines, and are trained in taking reports of crime. These include but are not limited to: academic club advisors, Athletics Department coaches and managers, Student Services managers, Judicial Affairs officers, Human Resources representatives, and College administrators (e.g. directors, deans, vice presidents). While we strongly encourage you to make a report with Campus Safety, you may make a report of sexual misconduct to any Campus Security Authority, for example, if you feel uncomfortable talking with a Campus Safety officer. For more information on Campus Security Authorities at Daytona State College, visit our Campus Security Authorities page.