New Proposed UWF Code of Conduct Focuses On Consent Not Harassment

The University of West Florida administration has changed its proposed amendment to its Student Code of Conduct from defining sexual harassment to focusing on what constitutes consent. The public comment period ended on Sunday, Oct. 28

The new proposal deletes that consent cannot be gained by: “by intimidation, through threats, by ignoring or acting in spite of the objections of another, by coercion, through manipulation or assumption, or from an individual who is incapacitated.”

What is Force?

Instead, it adds: “Force includes the use of coercion, intimidation, physical violence, and/or threats.

a. Coercion. Using an unreasonable amount of pressure, including alcohol or drugs, to have sexual contact with someone. Coercion is more than an effort to persuade, entice, or attract another person to have sexual contact. When a person makes clear a decision not to participate in a particular sexual activity, continued pressure can be coercive. In evaluating whether coercion was used, the University will consider frequency of the application; intensity; duration of the pressure and the degree of isolation imposed upon the individual being pressured.

b. Intimidation. An implied threat that menaces or causes reasonable fear in another person. A person’s size alone does not constitute intimidation; however, it may be a contributing factor (e.g., blocking access to an exit).

c. Physical violence. Use of physical violence and/or imposing on someone physically to control and engage in sexual contact or intercourse. Physical violence includes but is not limited to hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon.

d. Threats. Words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.

The Pre-Diaz Code of Conduct defined sexual harassment as “unwelcome conduct based on sex, gender, sexual orientation, or gender identity.”

The proposed amendment states: it’s defined as “Incorporated as defined in University Policy P-14, Sexual Harassment and Misconduct, as it may be amended.”

Dig Deeper: P-14 refers to sexual orientatition and gender identity under Stalking:

• Stalking – as defined in 34 USC 12291(a)(30), engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that individual’s safety or the safety of others or suffer substantial emotional distress. Examples include, willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person where the victim was targeted due to his or her sex/gender, sexual orientation or gender identity.

Off-Campus Conduct

In the past, students could face disciplinary action for  off-campus conduct that was “disruptive to the orderly processes and functions of the University.” Now it can be for merely “adversely affects the University community and/or the pursuit of its mission.”  

Faculty no longer would have the authority to “under appropriate circumstances, order a Student to cease and desist from an activity considered to be disruptive to the University.”

Background: The changes are somewhat consistent with what Interim Dean of Students Mary Anderson told UWF students at the town hall held on campus in late September.

Anderson opened the meeting with last-minute revisions to the proposals, which she said were based on the public comments received as of Sept. 3. Read written comments (1).

• Anderson’s revisions will be posted on the UWF website, but we were informed that references to sexual orientation and identity, as well as a “whole section on sex,” had been removed because “it’s already addressed in a policy” and therefore didn’t need to be included in the code of conduct. The references to sexual harassment were also deleted for the same reason.