The University has developed the Regulation FIU-105: Sexual Harassment (Title IX) and Sexual Misconduct, which prohibits discrimination based on sex, applicable to the entire University community, consistent with Title IX of the Education Amendments of 1972, relevant provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), along with all applicable implementing regulations, and other applicable federal and state laws.
On August 14, 2020, following guidance from the U.S. Department of Education, FIU published an updated regulation which includes:
- an updated definition of sexual harassment
- an outline of the process for filing a formal complaint
- a statement establishing that that a person accused of an alleged violation of FIU-105 is not responsible for the alleged conduct until a determination is made at the conclusion of the grievance process
- a breakdown of the process for investigation of a formal complaint of an alleged violation of FIU-105 as well as the subsequent University live hearing process which results in a determination of responsibility.
In FIU-105, FIU further identified Sexual Misconduct, which applies to alleged harassment, violence, and/or prohibited discrimination that occurs in or outside a University education program or activity, regardless of location. Including this distinct definition in FIU-105 allows FIU to address conduct that does not meet the Title IX standard, as per the U.S. Department of Education, but that the University has historically deemed as behavior that is against the values of the University.