3.15 Sexual Assault and Sexual Misconduct Policy
Purpose:
This policy defines unacceptable sexual conduct and directs victims
where to seek assistance.
Policy Statement:
The University of Northern Iowa is committed to providing a safe living
and learning environment. This type of environment requires that all sexual
behavior be consensual.
Consensual sexual behavior is mutually desired and freely chosen by
partners who are fully capable of informed consent. To be fully capable of informed consent, an individual cannot be incapacitated by illness, injury, alcohol or other
drug consumption, nor any other condition or circumstance that would preclude informed consent.
Consensual romantic and/or sexual relationships where a power differential
(e.g., supervisor/employee or faculty/student) exists, whether real or
perceived, may constitute sexual harassment (see “Sexual Harassment
Policy [University of Northern Iowa]” below).
The following is a non-exhaustive list of behaviors that are prohibited
under this policy, whether they occur between members of the opposite
or the same sex:
- Unwanted touching or groping
- Forcing/coercing someone to touch you in a sexual manner
- Ignoring a sexual limit communicated by your partner
- Coercing or intimidating someone into sexual behavior (e.g., You
will not receive a raise or your grade will be lowered, if we don’t
have sex.)
- Using audiovisual devices (e.g. cell phones, to record or transmit
nudity or sexual acts without a person’s knowledge)
- Threatening to sexually harm someone
- Rape or attempted rape
Students who have experienced any of the behaviors prohibited under
this policy are strongly encouraged to seek immediate assistance from the
UNI Violence Intervention Services (273-2137). Students will be provided with
counseling referrals and medical referrals (when appropriate). Additionally,
students will be provided with information concerning University, civil
and criminal complaints, including how to lodge such complaints.
Employees who have experienced any of the behaviors prohibited under
this policy should contact the UNI
Office of Compliance and Equity Management (273-2846).
Behaviors which constitute sexual abuse, as defined by the Iowa Code,
should also be reported to the appropriate law enforcement agency. The
University Police investigate on-campus incidents and can assist in contacting
community policing agencies for assaults that occurred off-campus.The
University complaint process provides for due process to all parties.
Any act of intimidation or retaliation against the complainant, his/her
family or friends or any other party to the complaint will result in disciplinary
and/or legal action.
The University strongly encourages students, faculty and staff who learn
of violations of this policy to make contact with UNI Violence Intervention Services or the Office of Compliance and Equity Management. Information regarding
campus crime statistics, the University Police, reporting crimes, safety
suggestions, and policies, programs and services regarding alcohol, other
drugs, sexual assault and sexual misconduct is available at www.uni.edu/pubsaf/crime_report.
Sexual Harassment Policy (University of Northern Iowa)
Sexual harassment incidents are addressed via the Anti-Discrimination
and Harassment Policy. This policy can be viewed at www.uni.edu/equity/policies.shtml.
Sexual Abuse Definition (Iowa Code):
Criminal behavior involving sexual conduct is called sexual abuse. Sexual
abuse (Iowa Code
Chapter 709) is defined as:
Any sex act between persons by either of the persons when the act is
performed with the other person in any of the following circumstances:
- The act is done by force or against the will of the other.
If the consent or acquiescence of the other is procured by threats of
violence toward any person or if the act is done while the other is
under the influence of a drug inducing sleep or is otherwise in a state
of unconsciousness, the act is done against the will of the other.
- Such other person is suffering from a mental defect or incapacity
which precludes giving consent, or lacks the mental capacity to know
the right and wrong of conduct in sexual matters.
- Such other person is a child.
Vice President for Educational and Student Services, approved 3/04
President’s Cabinet, approved 05/14/2004 | 
