FGCU has also committed to distance learning and alternative learning and teaching systems.  This will mean that many students will be learning and studying at remote sites not located on the main campus.  As such, each student must be aware of his/her surroundings in order to ensure their own safety and the protection of their property.

A number of university departments produce informational materials in more detail than provided in this booklet.  You are encouraged to contact these departments or organizations for specific information.  This booklet will, however, provide you will some basic knowledge about a variety of safety and security services and programs available to you.  It is a ready reference that we hope you will become familiar with and use.

POLICIES

The first step in providing a safe environment is through the University’s policies.  They are designed to establish a basis for quality campus life.  Their effectiveness is dependent upon all of us collectively promoting safety.

Policies set a standard of conduct which is most conducive to a safe environment.  It is not the intent of the University Police and Safety Department to reprint these policies in this booklet, but to give you some general knowledge of those policies which most affect your safety and security here at FGCU.  You should consult reference materials as needed.

Alcohol and Drug Policies

The legal drinking age in Florida is 21.  Therefore, some 20 to 30 percent of undergraduates are not of legal drinking age.  The University has established specific policies for drinking on campus and has published these rules in several publications.

The Florida Gulf Coast University Student Guidebook, published by the Division of Student Services, office of the Dean provides guidelines for the sale, possession, and consumption of alcohol.  These guidelines require individuals and/or groups to meet specific criteria prior to obtaining approval to hold events on campus where alcohol will be served.

The use of alcoholic beverages by members of the University community is subject to the alcoholic beverage laws, Chapters 562, 565, and 856, Florida State Statutes.

It is unlawful to sell, give, or serve alcoholic beverages to a person under age 21; to misrepresent or misstate your age or the age of other persons to induce any licensee, his agents or employees to give, sell, serve, or deliver any alcoholic beverage to a person under 21 years of age.

Possession of alcoholic beverages by persons under age 21 is prohibited.

No adult (age 21 or older) shall allow an “open house party” (social gathering) to take place if any alcoholic beverage or drug is possessed or consumed by any minors. 

Further, Lee County Ordinances prohibit the possession of open containers in public areas.

Under University rules, a violation of the preceding may cause disciplinary action and, under appropriate state laws, referral for prosecution.

The Drug-Free Workplace Policy is available through the Human Resources Department; the Drug-Free School Policy is available through the Office of Student Services.

FGCU is committed to an orderly and safe environment for all students, faculty and staff.  To this end, the University advises all community members that it is unlawful to manufacture, distribute, dispense, possess, and/or use illegal drugs on its premises or at activities sponsored by the University.

In addition to imposition of disciplinary sanctions under University rules, students and employees may face arrest and prosecution under Federal and States laws, which makes such acts felony or misdemeanor crimes.

Firearms, Weapons or Explosives

Florida State Statutes 790.06(12) and 790.115 prohibits the carrying of firearms on a university campus.  Firearms are not permitted on the FGCU campus, except for those carried by uniformed law enforcement officers or members of the military engaged in authorized training.

The unauthorized use or possession of fireworks, dangerous chemicals, explosive material, dangerous devices capable of hurling a projectile, or other lethal weapons on the FGCU campus is prohibited by Chapter 790.115(2), F.S.S.

Conduct Standards

The published rules of conduct enable the University to meet its mission of contributing to the well-being of society.  Failure of students, student organizations, faculty or staff to comply with duly established laws or University regulations may subject the violator(s) to appropriate action by University or other civil authorities.

Florida law Chapter 1006.61 prohibits intentionally acting to impair, interfere with, or obstruct the orderly conduct, processes, and functions of any State University.  Violations may result in a minimum 2 year expulsion from the University.

Sexual Misconduct

Unwelcome sexual advances, requests for sexual favors, and other  verbal (including written and electronic communications) or physical conduct of a sexual nature can constitute sexual harassment.

FGCU’s Sexual Harassment Policy is published in all catalogs as well as the Student Guidebook.  Specific information can be obtained from the Human Resources Department, Office of Student Services, and/or the Office of Equal Opportunity Programs.

FGCU does not attempt to shelter students or employees from federal, state, or local laws pertaining to sexual misconduct.  Individuals who feel they have been harassed should contact the following:

For Students, the Division of Student Services; office of the Dean For Employees, the Human Resources Department; or University Ombudsman

VICTIM’S/WITNESSES’ RIGHTS
IN THE CRIMINAL/JUVENILE JUSTICE SYSTEM

Crimes Compensation: If you receive injuries, you may be eligible for crime victim compensation to help with medical bills, lost wages, etc.  For information, contact the Bureau of Victims’ Compensation, (904) 488-0848 or the Victim Advocate Program through the 20^th Judicial Circuit State Attorney’s Office.

Following is a summary of victim's rights.  More complete victim rights information as established in s.960.001, F.S., is provided to the Clerk of Court for distribution to victims.

Victim’s Rights

Þ  To be informed, be present and be heard, when relevant, at crucial stages of the criminal or juvenile proceedings when possible.

Þ  Compensation for loss suffered, as well as other victim services when applicable.

Þ  Information concerning available crisis intervention services, support and social services assistance within the community.

Þ  Information about the victim's right to protection from intimidation and harm.

Þ  Domestic violence victims have the right to receive information about the address confidentiality program.

Þ  The right to request, for specific crimes, an exemption prohibiting the disclosure of the victim's personal information to the public, not otherwise held confidential under the Public Records Law.

Þ  The stages in criminal and juvenile proceedings which are of significance to the crime victim are:

Þ Victim shall not be required to attend discovery deposition in any correctional facility.

Þ  Submit a Victim Impact statement to the court.

Þ  Request and receive restitution from the offender.

Þ Be advised of their role in the criminal or juvenile justice system.

Þ Return of victim's property unless compelling reason exists to retain it.

Þ  Prompt and timely disposition of the case.

Þ The opportunity to complete a victim notification card and have it attached to the incident report.

Þ To receive notification and information concerning the arrest, release or escape of the accused.

Þ  Assistance in an explanation to employer and creditors for time lost at work and serious financial strain incurred as a direct result of a crime, or of their cooperation in the case.

Þ Notification of scheduling changes in the criminal proceeding by the agency scheduling the appearance.

Þ  The right to be present at criminal proceedings and notification of:

Þ  For the victim of a felony involving physical or emotional injury or trauma, the victim consultation by the state attorney in order to obtain the views of the victim about the disposition of any criminal or juvenile case brought as a result of such crime, including the views of the victim or family about:

Þ  The right to attend the sentencing or disposition of the offender and request that the offender be required to attend a different school.

Þ Information gained by the victim must not be revealed to any outside party, except as is reasonably necessary in pursuit of legal remedies.

Þ  Notification to the victim when an inmate has been approved for community work release.

Þ  Provision with other assistance such as transportation, parking, separate pre-trial waiting areas, and translator services in attending court as is practicable.

Þ  The victim of a crime has the right to request the presence of a victim advocate during any disposition of the victim.

Þ  Request HIV testing of a person charged with committing a sexual offense.  HIV tests results shall be disclosed to the victim.

Þ  Victims have the right to request the courtroom be cleared, with certain exceptions, during his or her testimony of a sexual offense.

Þ  Victims have the right to review certain portions of the pre-sentence investigation report prior to the sentencing hearing

Þ  The victim may not be excluded from any portion of any hearing, trial, or proceeding unless, upon motion, the court determines such person's presence to be prejudicial.

 Þ The victim of a crime and the state attorney have standing to assert the rights of a crime victim which are provided by law or s. 16(b), Art. I of the State Constitution.

Þ Victims of sexual assault who are minors, disabled adults, or elderly persons, whether the offense involves the transmission of bodily fluids, may request that the court order the accused to undergo HIV testing.  Results of the testing shall be made available to the victim no later than two weeks after the court receives such results.

SUPPORT RESOURCES

The University supplements its commitment to preventing crime and promoting quality campus life with an equally strong commitment to providing the best and most comprehensive assistance to its community.  The following is a reference list:

University Police

THE “STUDENT RIGHT TO KNOW AND CAMPUS SECURITY ACT”
(PUBLIC LAW 101-542)

This law requires all post-secondary institutions to prepare, publish and distribute certain information regarding campus crimes and policies relating to security to all current students, employees and to any applicant.

Other information about crime may be obtained from the University Police and Safety Department.

ANNUAL REPORT OF CRIME STATISTICS

       This information is being provided as part of Florida Gulf Coast University’s commitment to safety and security on campus and is the compliance document for the Crime Awareness and Campus Security Act of 1990.