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 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 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:

1. Sexual acts that are 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.

2. 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.

3. Such other person is a child.

Vice President for Educational and Student Services, approved 3/04
President's Cabinet.