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Sexual Misconduct Policy
Eckerd College considers any form of sexual assault to be a very serious offense which will not be tolerated in our community. Sexual assault is a crime punishable by law; in addition, sexual assault is in direct violation with our shared commitment and therefore constitutes a breach of promise as well as a criminal act. The college will assist any victim of sexual assault within its community and will discipline any individual who violates the Eckerd College policy against sexual assault.
Eckerd defines sexual assault as any physical contact of a sexual nature which occurs by force or coercion, or which is directed at a person who is physically helpless or mentally impaired or incapacitated. Mental incapacitation includes intoxication legally, it is not possible to grant consent if one's blood alcohol content (BAC) is above the legal limit (.08 in the State of Florida). Sexual assault is not limited to sexual intercourse.
Research and data indicate that the college years are among the most concentrated period of risk in one's life-time, this DOES NOT mean there is no cause for concern before or after college. This DOES mean that we all need to recognize the importance of the issue of sexual assault on our college campus, as well as in the surrounding community.
Other Considerations
You have the right to file a complaint with the college and to have your sexual assault complaint investigated by the college. You also have the right to participate in any disciplinary proceedings regarding your sexual assault complaint. If you wish, you may have a support person present with you at such proceedings. Both the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding. Both the accuser and the accused will be informed of the outcome of the disciplinary proceeding concerning them. Eckerd College sanctions for sexual assault are designed to be both rehabilitative (mandatory counseling and/or participation in educational programs) and punitive (ranging from loss of privileges, fines, and required community service to expulsion from the college).
Eckerd College will also promptly assist you, at the direction of law enforcement authorities, in obtaining, securing and maintaining evidence in connection with sexual assault. The college will also assist you in preserving any materials relevant to a campus disciplinary proceeding.
Eckerd College will shield you from unwanted contact with the alleged assailant, including changing academic and living situations, if these options are available and feasible.
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