2.1 INTRODUCTION.
The University of Iowa strives to create a respectful, safe, and non-threatening environment for its students, faculty and staff. This sexual misconduct policy sets forth resources available to students, describes prohibited conduct, and establishes procedures for responding to sexual misconduct incidents (including sexual assault, sexual harassment, and other unwelcome sexual behavior).

A student who is under the influence of alcohol or drugs at the time of a sexual misconduct incident should not be reluctant to seek assistance for that reason. The Dean of Students will not pursue disciplinary violations against a student (or against a witness) for his or her improper use of alcohol or drugs (e.g., underage drinking) if the student is making a good faith report of sexual misconduct. In addition, the law enforcement authorities in Johnson County have a policy of not pursuing charges for improper use of alcohol against a victim of sexual assault.
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2.2 GENERAL STATEMENT OF POLICY.
The University of Iowa prohibits sexual misconduct in any form, including sexual assault or sexual abuse, sexual harassment, and any form of nonconsensual sexual conduct. Students should be able to live, study, and work in an environment free from all forms of sexual misconduct.

Any act that falls within the definition of sexual misconduct constitutes a violation of University policy. The University is committed to fostering a campus environment that both promotes and expedites prompt reporting of sexual misconduct and timely and fair adjudication of sexual misconduct cases. The University's procedures are designed to protect the rights, needs, and privacy of the student making a University complaint, as well as the rights of students accused of sexual misconduct. The University also adheres to all federal, state, and local requirements for intervention, crime reporting, and privacy provisions related to sexual misconduct.

Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex. The University will make this policy and educational opportunities readily available to all students and other members of the University community. Creating a respectful, safe, and non-threatening environment is the responsibility of all members of the University community.

The University of Iowa will make every effort to safeguard the identities of students who seek help and/or report sexual misconduct. While steps are taken to protect the privacy of victims, the University may need to investigate an incident and take action once an allegation is known, whether or not the student chooses to pursue a complaint.

Formal complaints about sexual misconduct by University students, faculty, or staff should be made to the UI Sexual Misconduct Response Coordinator (335-6200). An academic or administrative officer, as defined in the University's Sexual Harassment policy (see II-4.1b(3)) must report any known sexual misconduct report to the Sexual Misconduct Response Coordinator. No employee is authorized to investigate or resolve student complaints without the involvement of the Sexual Misconduct Response Coordinator.

In addition to violating University policy, sexual misconduct might also constitute criminal activity. Students are strongly encouraged to inform law enforcement authorities about instances of sexual misconduct. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by law enforcement officers. Students may inform law enforcement authorities about sexual misconduct and discuss the matter with a law enforcement officer without making a formal criminal complaint or a formal University complaint.

Assistance in reporting any form of sexual misconduct to the proper law enforcement authorities is available to any student upon request from a certified victim advocate at RVAP or from the Sexual Misconduct Response Coordinator.
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2.3 DEFINITION OF SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT.

a. General definition. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.

b. Consent. For purposes of this policy, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. It is the responsibility of the person who wants to engage in the sexual activity to insure that he or she has the consent of the other to engage in the activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on non-verbal communication can lead to misunderstanding. Moreover, the existence of a dating relationship between the persons involved or the fact of a past sexual relationship should never provide the basis for an assumption of consent.

Consent must be present throughout the sexual activity -- at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.

c. Persons who are unable to give consent. In addition, under Iowa law the following people are unable to give consent:

(1) persons who are asleep or unconscious
(2) persons who are incapacitated due to the influence of drugs, alcohol, or medication
(3) persons who are unable to communicate consent due to a mental or physical condition.

d. Examples of sexual misconduct. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.

Sexual misconduct includes, but is not limited to, the following examples of prohibited conduct as further defined below:

(1) sexual assault (paragraph f below)
(2) sexual harassment (paragraph g below)
(3) sexual exploitation (paragraph h below)
(4) sexual intimidation (paragraph i below).

e. Relation to criminal law and other University policy. In addition to being forbidden by this policy, sexual misconduct may be a violation of state criminal law and of other University policies, including the University's general policy against violence (see II-10 Violence).

f. Definition of sexual assault. Sexual assault is a form of sexual misconduct and represents a continuum of conduct from forcible rape to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will.

Examples of sexual assault under this policy include, but are not limited to, the following behaviors when consent is not present:

(1) sexual intercourse (vaginal or anal)
(2) oral sex
(3) rape or attempted rape
(4) penetration of an orifice (anal, vaginal, oral) with the penis, finger, or other object
(5) unwanted touching of a sexual nature
(6) use of coercion, manipulation, or force to make someone else engage in sexual touching, including breast, chest and buttocks
(7) engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol, or other mental or physical condition (e.g., asleep or unconscious).

g. Definition of sexual harassment. Sexual harassment is a form of discrimination that includes verbal, written, or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person's or group's sex, or based on gender stereotypes, when that behavior is unwelcome and meets either of the following criteria:
(1) Submission or consent to the behavior is believed to carry consequences for the student's education, employment, on-campus living environment, or participation in a University activity. Examples of this type of sexual harassment include:
(a) pressuring a student to engage in sexual behavior for some educational or employment benefit, or

(b) making a real or perceived threat that rejecting sexual behavior will carry a negative consequence for the student.

(2) The behavior has the purpose or effect of substantially interfering with the student's work or educational performance by creating an intimidating, hostile, or demeaning environment for employment, education, on-campus living, or participation in a University activity. Examples of this type of sexual harassment can include:
(a) persistent unwelcomed efforts to develop a romantic or sexual relationship
(b) unwelcome commentary about an individual's body or sexual activities
(c) unwanted sexual attention
(d) repeated and unwelcome sexually-oriented teasing, joking, or flirting
(e) verbal abuse of a sexual nature.

Comments or communications could be verbal, written, or electronic. Behavior does not need to be directed at or to a specific student, but rather may be generalized unwelcomed and unnecessary comments based on sex or gender stereotypes.

h. Definition of sexual exploitation. Sexual exploitation involves taking non-consensual sexual advantage of another person. Examples can include, but are not limited to the following behaviors:

(1) electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved

(2) voyeurism (spying on others who are in intimate or sexual situations)

(3) distributing intimate or sexual information about another person without that person's consent.

(1) threatening another person that you will commit a sex act against them,
(2) stalking,
(3) cyber-stalking, or
(4) engaging in indecent exposure.
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a. Confidential assistance and advocacy for students who have experienced sexual misconduct or other unwelcome sexual behavior.

A student may receive assistance from a certified victim advocate by calling RVAP at (319) 335-6000. Trained advocates staff this phone number 24 hours a day, 365 days a year. Although RVAP's formal name is the Rape Victim Advocacy Program, a student does not need to be a rape victim to use its services, and those services are available to men and women alike.

Certified victim advocates are trained to assist victims of sexual misconduct and will speak with the student confidentially as the student considers options. They can help a student identify other sources of emotional and physical support. They can provide counseling and also assist the student in understanding the student's rights and reporting options. The University encourages all students who believe they may have been victims of sexual misconduct to contact RVAP and seek the assistance of an advocate.

b. Academic and housing accommodations; interim actions to protect students. A student who believes he or she has been the victim of sexual misconduct, as well as a student who has been accused of sexual misconduct, may contact the Sexual Misconduct Response Coordinator at (319) 335-6200 to request any of the following, when related to the incident or accusation of sexual misconduct:

(1) a change of the student's on-campus housing location to a different on-campus location if alternate on-campus housing is available

(2) assistance in exploring alternative housing off campus

(3) assistance in securing a transfer of class sections

(4) assistance in arranging incompletes, leaves, or withdrawal

(5) issuance of a no-contact directive if the University determines that continued contact between a student who has made a complaint, a student who has been accused of sexual misconduct, and/or a witness would be detrimental to any of the parties' welfare

(6) other interim actions, when necessary to protect student welfare, such as interim suspensions.

Requests for such arrangements or actions will be granted in appropriate circumstances as determined by the Dean of Students or designee.

c. Protection against retaliation. The University of Iowa prohibits retaliatory action against any person making a complaint of sexual misconduct or against any person cooperating in the investigation of any charge of sexual misconduct (see II-11 Anti-Retaliation). This includes any form of intimidation, threats, or harassment. Acts of retaliation constitute a violation of University policy and of the Code of Student Life and will result in disciplinary action. Retaliation should be reported to the Sexual Misconduct Response Coordinator.

d. Medical assistance. Students who have experienced a recent sexual assault are strongly encouraged to visit a hospital or clinic to take care of their medical needs. A hospital or clinic can treat a victim's injuries and provide necessary medical advice and medication in case a victim may have contracted a sexually transmitted disease (STD) or has pregnancy concerns. A Sexual Assault Nurse Examiner is available to perform a sexual abuse evidentiary examination. Receiving an evidentiary examination does not mean that a victim must make a formal report to the University or to law enforcement. Rather, the examination serves to preserve evidence in the event that a victim may wish to make a complaint in the future.

A sexual assault evidentiary exam is fully covered and paid for by the State of Iowa and will not be submitted for insurance purposes.

To secure medical assistance and/or a sexual abuse evidentiary exam, visit:

University of Iowa Hospitals and Clinics
Emergency Treatment Center (open 24 hours)
200 Hawkins Drive
Carver Pavilion, Level 1
Iowa City, Iowa 52242
Emergency Medicine phone: (319) 356-2233
UIHC Nurseline (operated 24 hours): (319) 384-8442

e. University of Iowa Department of Public Safety. Students who have experienced sexual misconduct are encouraged to seek the assistance of the University of Iowa Department of Public Safety (335-5022). If a student is not sure whether criminal conduct is involved, an officer can assist the student in determining whether a crime has been committed. If the sexual misconduct occurred off campus, an officer can assist the student in contacting the appropriate law enforcement agency. A student can request and receive the assistance of the Department of Public Safety without making a criminal complaint or making a complaint to the University.

The Department of Public Safety is committed to ensuring that students who report sexual misconduct receive comprehensive care, regardless of whether or not they wish to make a formal criminal complaint.

If a student contacts UI Public Safety, an officer will:

(1) call a certified victim advocate to assist the student in every step of the process

(2) accompany the student to the hospital if the student wishes

(3) contact the University's Sexual Misconduct Response Coordinator if the student wishes to make a complaint under University processes or utilize the resources of that office, including making a request for accommodations or other support

(4) talk with the student privately and treat the student with respect, sensitivity, and dignity.

Even if an assault took place on non-University property or was reported to another law enforcement agency, students are encouraged to contact the Department of Public Safety for assistance with safety issues while on campus (e.g., protection from particular individuals).
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• A student can make a formal complaint about sexual misconduct to the University administration by contacting the UI Sexual Misconduct Response Coordinator at (319) 335-6200.
• A student can make a formal complaint about sexual misconduct to the appropriate law enforcement authorities, which would be the UI Department of Public Safety (335-5022) in the case of sexual misconduct that occurs on campus. Not all sexual misconduct is criminal behavior. The law enforcement authorities can assist a student in determining whether the conduct experienced was criminal in nature and warrants a criminal complaint.

a. Making a complaint to University administration.
(1) How to make a formal complaint to University administration. Students may make a complaint about sexual misconduct by another student, a faculty member, or a staff member by contacting the UI Sexual Misconduct Response Coordinator (335-6200).

A student may need support when talking with law enforcement or University administrators. Students are entitled to be assisted by a certified victim advocate at every stage of the process and are encouraged to consult with the victim advocate and bring the victim advocate to meetings.

(2) When to make a formal complaint to University administration. There is no time limit on making a complaint to University administration. However, students are strongly encouraged to report incidents of, or share information about, sexual misconduct as soon as possible after the incident occurred. The University may ultimately be unable to adequately investigate if too much time has passed or if an accused individual has left the University. Other factors that could negatively affect the University's ability to investigate include the loss of physical evidence, the potential departure of witnesses, or loss of memory.

b. Making a report to law enforcement.
(1) In an emergency: Call 911 from wherever you are, and a law enforcement officer will respond to assist you.

(2) In non-emergency situations: Criminal sexual misconduct, including sexual assault, should be reported to the law enforcement agency that has jurisdiction over the location where the assault or abuse occurred. Non-emergency reports to law enforcement may be made as follows:

(a) If the incident occurred on University of Iowa property, call the University of Iowa Department of Public Safety at (319) 335-5022.

(b) If the incident occurred in Iowa City, call the Iowa City Police Department at (319) 356-5275.

(c) If the incident occurred in Coralville, call the Coralville Police Department at (319) 248-1800.

(d) If the incident occurred in University Heights, call the University Heights Police Department at (319) 356-5276.

(e) If the incident occurred in North Liberty, call the North Liberty Police Department at (319) 626-5724.

(f) If the incident occurred in another area of Johnson County, call the Johnson County Sheriff's Department at (319) 356-6020.

Victim advocates have special training in working with law enforcement. The advocates at RVAP (24-hour crisis line, 335-6000) can help a student arrange to meet with a law enforcement officer to discuss options, and a student can request that a victim advocate accompany him or her at the meeting. At a student's request, the Sexual Misconduct Response Coordinator will also assist students in reporting to law enforcement.
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a. On-campus violations. This policy forbids acts of sexual misconduct anywhere on campus. "Campus" includes University-owned or -leased property, streets and pathways contiguous to University property, or in the immediate vicinity of campus. It also includes the property, facilities, and leased premises of organizations affiliated with the University, including University housing and University-recognized housing. University housing includes all types of University residence housing, such as halls and apartments. University-recognized housing includes fraternity and sorority chapter dwellings.

b. Off-campus violations. Off-campus violations, including online behavior, that affect a clear and distinct interest of the University are subject to disciplinary sanctions. For example, sexual misconduct by a student is within the University's interests when the behavior:

(1) involves conduct directed at a University student or other member of the University community

(2) occurs during University sponsored events (e.g., field trips, social or educational functions, University related travel, student recruitment activities, internships, and service learning experiences)

(3) occurs during the events of organizations affiliated with the University, including the events of student organizations

(4) occurs during a Study Abroad program or other international travel, or

(5) poses a disruption or threat to the University community.
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a. Confidential resources. Students who are accused of sexual misconduct may discuss their situations privately with counselors at University Counseling Service (3223 Westlawn, 335-7294) or with the staff at the University's Office of the Ombudsperson (C108 Seashore Hall, 335-1486). An accused student's conversations with University counselors and staff will not be reported to anyone else in the University except in cases of a threat of imminent physical harm. However, statements made to employees in these offices may not be legally confidential. When seeking private advice and support from these offices or from any University employee, students should always confirm whether legal confidentiality applies to their communications with the person to whom they are speaking. For additional information on legal confidentiality, see IV-2.8 Confidentiality below.

b. Academic or housing accommodations. A student who is accused of sexual misconduct may seek academic or housing accommodations, as explained above in IV-2.4b of this policy, when such accommodations are related to problems related to the accusation.

c. Due process. The University will treat accused students with fairness and respect and will ensure that its investigations and disciplinary proceedings are conducted in accordance with principles of due process.

A student who is accused of sexual misconduct may be assisted by an attorney or other advisor of his or her choosing. A student who is accused of sexual misconduct should consider seeking the assistance of an attorney.

d. University prohibition against knowingly false complaints. The University prohibits students from knowingly making false complaints of sexual misconduct (including sexual assault and sexual harassment). Knowingly making false complaints of sexual misconduct constitutes a violation of the Code of Student Life and will result in disciplinary action. However, a complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct.
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Students who would like to discuss their situations in a private environment, and share or seek information about a sexual misconduct issue without making a formal complaint have a number of options. At various offices on campus and off campus, students can speak to individuals who have professional or legal obligations to keep communications with the student confidential. When seeking advice and support, students who are concerned about confidentiality should always discuss that concern with the person to whom they are speaking, and should inquire about any limits on that confidentiality.

Generally, under Iowa law, confidentiality applies when a student seeks services from the following persons:

• An RVAP victim advocate (335-6000) [IC 915.20A];
• A psychological counselor or other mental health professional, including counselors at the University Counseling Service (335-7294), the Women's Resource and Action Center (335-1486), and the office of Faculty and Staff Services/Employee Assistance Program (335-2085) [IC 228.2 and 622.10];
• A health care provider, including medical professionals at Student Health Service and The University of Iowa Hospitals and Clinics [IC 622.10];
• A personal attorney [IC 622.10];
• A member of the clergy [IC 622.10].