disciplinary action upon finding a violation of this policy by
or gender expression. Consent may be initially given
a member of the FIT community. The college is committed
but withdrawn at any time. When consent is withdrawn
to supporting victims of sexual violence. Just as important,
or cannot be given, sexual activity must stop. Consent
FIT offers education and training programs intended to
cannot be given when a person is incapacitated.
prevent sexual violence from happening in our community.
Incapacitation occurs when an individual lacks the ability
FIT also prohibits harassment of a sexual nature and has relevant policies on discrimination and harassment, including sexual harassment. This policy statement sets forth information for students and other members of the FIT community to follow in the event that they or someone they know have been a victim of sexual violence, as well as the support services provided by the College and appropriate disciplinary procedures. Sexual violence is an intolerable intrusion into the most personal and private rights of an individual. It impacts both the victim and the community as a whole. FIT wants all victims of sexual violence, including assault,
to fully, knowingly choose to participate in sexual activity. Incapacitation occurs due to a disability that limits informed sexual decision-making, and includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot give consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Bystander A person who observes a crime, impending crime, conflict or unacceptable behavior.
stalking, and domestic and intimate partner violence,
Dating Violence
to be aware of the many resources FIT offers to support
Any act of violence committed by a person who is or has
them. The community must also be confident that those
been in a social relationship of a romantic or intimate
who are found to have committed sexual violence will be
nature with the victim. The existence of such a relationship
disciplined up to and including expulsion for students or
shall be determined based on the victim’s statement and
termination for employees. The training and educational
with consideration of the type and length of the relationship
opportunities available at the college for students and
and the frequency of the interaction between the persons
employees are intended to help prevent sexual violence
involved in the relationship. Two people may be in a
as well as to teach how to deal with its aftermath.
romantic or intimate relationship, regardless of whether
I. DEFINITIONS
Affirmative Consent
the relationship is sexual in nature. This definition does not include acts covered under domestic violence.
A clear, unambiguous, knowing, informed, and voluntary
Domestic and Intimate Partner Violence
agreement between all participants to engage in sexual
Domestic violence is any violent felony or misdemeanor
activity. Consent is active, not passive. Silence or lack
crime committed by a current or former spouse or
of resistance cannot be interpreted as consent. Seeking
intimate partner of the victim, a person sharing a
and having consent accepted is the responsibility of the
child with the victim, or a person cohabiting with
person(s) initiating each specific sexual act regardless of
the victim as a spouse or intimate partner.
whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity
Preponderance of the Evidence The standard of proof in sexual harassment and sexual assault cases, which asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard,
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