Effective 1 October 2014, this policy has been revised. For the most current version without redlining, return to IV-2.
|Students Who May Be Victims of Sexual Misconduct:
If you or someone you know may be a victim of sexual assault, sexual harassment, stalking, or any other behaviors prohibited under this policy, you are strongly encouraged to seek assistance and support. Assistance is available 24 hours a day, 7 days a week, from:
The University of Iowa strives to create a respectful, safe, and nonthreatening environment for its students, faculty, and staff, and lawful visitors. 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, stalking, 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.
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 the Rape Victim Advocacy Program (RVAP) or from the Office of the Sexual Misconduct Response Coordinator.
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.
Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, threats, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender.
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 those 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 nonthreatening 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. However, the University may be held to federal guidelines that mandate the University's action. 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 Reports of sexual misconduct by involving University students, faculty, or staff, or any third party should be made to the Office of the Sexual Misconduct Response Coordinator (319-335-6200). 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 Office of the Sexual Misconduct Response Coordinator. No employee is authorized to investigate or resolve student complaints without the involvement of the Office 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 Office of the Sexual Misconduct Response Coordinator.
2.3 DEFINITIONS AND EXAMPLES OF SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT.
d. b. 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:
(2) Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on nonverbal communication can lead to misunderstanding.
(3) 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 does not imply consent to future sexual acts.
(4) Consent must be present throughout the sexual activity -- at any time, a participant can communicate a desire to that he or she no longer consents to continuing the activity.
(5) Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
(6) If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants must stop the activity until the confusion can be clearly resolved each consents to it.
(7) Consent is not procured by the use of physical force, compelling threats, intimidating behavior, or coercion.
c. (8) Persons who are unable to give consent. In addition, under Iowa law University of Iowa policy the following people are unable to give consent:
(2) (b) persons who are incapacitated due to the influence of drugs, alcohol, or medication;
(3) (c) persons who are unable to communicate consent due to a mental or physical condition;
(d) persons who are not of legal age according to Iowa Code Chapter 709.
f. e. "Sexual assault" definition. Sexual assault is a form of sexual misconduct and represents a continuum of conduct from forcible rape intercourse 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, however slight, when consent is not present:
(2) oral sex Attempted sexual intercourse (anal, oral, or vaginal).
(3) rape or attempted rape Intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.
(4) penetration of an orifice (anal, vaginal, oral) with the penis, finger, or other object
(5) (4) Any other intentional unwanted touching bodily contact of a sexual nature.
(6) (5) Use of coercion, manipulation, or force to make someone else engage in sexual touching, including breasts, chest, and buttocks.
(7) (6) Engaging in sexual activity with a person who is incapacitated and unable to provide consent due to the influence of drugs, alcohol, or other mental or physical condition (e.g., asleep or unconscious).
(b) making a real or perceived threat that rejecting sexual behavior will carry a negative consequence for the student in education, on-campus residence, or University program or activity.
h. g. "Sexual exploitation" definition. Sexual exploitation involves taking nonconsensual, unjust, or abusive sexual advantage of another person. Examples can include, but are not limited to the following behaviors:
(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;
(4) prostituting or trafficking another person.
(2) engaging in indecent exposure; or
(3) stalking another person who reasonably perceives the stalker is pursuing a romantic and/or sexual relationship. Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
Examples of prohibited stalking can include but are not limited to:
(b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a complainant recipient of unwelcome conduct;
(c) Monitoring online activities, surveillance and other types of observation, whether by physical proximity or electronic means, attempts to gather information about the complainant recipient of unwelcome conduct;
(d) Vandalism, including attacks on data and equipment:
(e) Direct physical and/or verbal threats against a complainant recipient of unwelcome conduct or a complainant's loved ones of a recipient of unwelcome conduct, including animal abuse;
(f) Gathering of information about a complainant recipient of unwelcome conduct from family, friends, coworkers, and/or classmates;
(g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the complainant recipient of unwelcome conduct;
(h) Defamation or slander against the complainant recipient of unwelcome conduct; posting false information about the complainant recipient of unwelcome conduct; posing as the complainant recipient of unwelcome conduct in order to post to web sites, news groups, blogs, or other sites that allow public contributions; and/or encouraging others to harass the complainant recipient of unwelcome conduct;
(i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
(j) Arranging to meet the complainant recipient of unwelcome conduct under false pretenses.
2.4 RESOURCES AND SUPPORT FOR STUDENTS.
Persons who experience unwelcome sexual behavior may respond to the experience in many different ways, including feeling confused, vulnerable, out of control, embarrassed, angry, distrustful, stressed, or depressed. The University provides a variety of resources to assist students who have experienced unwelcome sexual behavior with their healing and recovery and to help students determine whether and how to make a formal complaint about the incident.
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 has reported being the victim of sexual misconduct, as well as a student who has been accused of sexual misconduct, may contact the Office of 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:
(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.
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 Office of 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 assess and address their medical needs. A hospital or clinic can treat The exam can assess 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 for concerns regarding pregnancy and sexually transmitted infections (STI). A Sexual Assault Nurse Examiner is available at both Iowa City hospitals to perform a sexual abuse evidentiary examination. Receiving an evidentiary examination does not mean that a victim must make a formal report complaint 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:
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:
(2) accompany the student to the hospital if the student wishes;
(3) contact the University's Office of the 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 will treat the student with respect, sensitivity, and dignity.
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:
b. A psychological counselor or other mental health professional, including counselors at the University Counseling Service (319-335-7294), the Women's Resource and Action Center (319-335-1486), and the office of Faculty and Staff Services/Employee Assistance Program (319-335-2085) [IC 228.2 and 622.10];
c. A health care provider, including medical professionals at Student Health and Wellness and The University of Iowa Hospitals and Clinics [IC 622.10];
d. A personal attorney [IC 622.10];
e. A member of the clergy [IC 622.10].
2.5 2.6 MAKING A FORMAL COMPLAINT OF SEXUAL MISCONDUCT.
The University takes all incidents of sexual misconduct very seriously. There are two options for students to make a formal complaint of sexual misconduct. A student may pursue either or both of these options.
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.
(2) In nonemergency 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. Nonemergency reports to law enforcement may be made as follows:
(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.
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:
(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.
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.