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Sexual Misconduct Policy

Purpose/Statement of Policy

Hawkeye Community College strives to provide a safe and secure educational and workplace environment. Sexual discrimination in the form of sex-based harassment (including sexual harassment), sexual assault and abuse[1], and sexual exploitation (collectively “Sexual Misconduct”) is prohibited by the College. The College also prohibits dating violence, domestic violence, and stalking, which can also be forms of sex-based harassment (whether sexually motivated or not), and shall be considered “Sexual Misconduct” for purposes of this Policy. Prohibited conduct under this Policy also includes attempting or aiding in the commission of Sexual Misconduct or retaliating against another for exercising his/her rights under this Policy.

The College is committed to educating students, staff, and faculty about its policies and procedures against sexual discrimination and Sexual Misconduct. Any such instances of discrimination and/or misconduct will be dealt with promptly by the College.

Scope of Policy

This Policy governs the conduct of all college students, employees and third parties whose actions impact the College’s educational and working environment, regardless of sexual orientation or gender identity. This Policy applies to all locations of the College, College-sponsored activities and incidents occurring off-campus which affect the College environment or mission. It is intended to ensure that the College’s policies and procedures related to Sexual Misconduct are interpreted and applied consistently with Title VI, IX, the Violence Against Women Act (VAWA), the Clery Act, Iowa Code § 260C.14(18) and other applicable law. 

Prohibited Conduct/Sexual Misconduct Defined

  1. Sex-Based Harassment (including Sexual Harassment) is unwelcome conduct[2] of a sexual nature or aimed at another because of sex[3] when:

    • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or status in a course, program or activity;

    • Submission to or rejection of such conduct is used as a basis for an employment or educational decision affecting an individual; or

    • Has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive working or educational environment.

    1. Harassing conduct includes various types of unwelcome verbal, written or physical conduct, such as unwelcome touching; sexually explicit offensive jokes; sexually degrading graphic, verbal or written comments or questions of a sexual nature; sexual innuendo; sexual threats; obscene gestures; inappropriate humor and jokes about gender specific traits or sexual orientation; sexual propositions; sexually suggestive or insulting sounds and actions, including, whistling, leering, and obscene gestures; and may include Sexual Assault or Sexual Exploitation.

    2. A hostile environment exists when Sex-Based Harassment is sufficiently severe or pervasive/persistent so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on the circumstances. These circumstances could include:

      The more severe the Sex-Based Harassment, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single instance of Sexual Assault may be sufficient to create a hostile environment. Likewise, a series of incidents may be sufficient even if the Sex-Based Harassment is not particularly severe.

      Sex-based actions which are offensive or inappropriate, but do not rise to the level of creating a hostile environment, can still be reported and, where appropriate, the College will take remedial steps intended to end or prevent such actions in the future.

      1. the frequency of the conduct;
      2. the nature and severity of the conduct;
      3. the identity and relationships of persons involved;
      4. the location of the conduct and the context in which it occurred;
      5. whether the conduct was physically threatening;
      6. whether the conduct was humiliating;
      7. the effect of the conduct on the alleged victim's mental or emotional state;
      8. whether the conduct was directed at more than one person;
      9. whether the conduct arose in the context of other discriminatory conduct;
      10. whether the conduct unreasonably interfered with the alleged victim's educational or work performance;
      11. whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness:
      12. whether the speech or conduct deserves the protections of academic freedom.
  2. Sexual Assault: “Sexual Assault” (including all acts constituting “Sexual Abuse” under Iowa law[4]) is actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to, the following behaviors without consent:
    1. Intentional touching of another person’s “intimate” parts, including genitals, buttocks, breast, or other body parts;

    2. Coercing, forcing, or attempting to coerce or force a person to touch another person’s “intimate” parts;

    3. Rape or attempted rape;

    4. Penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person;

    5. Engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol, or other condition;

    6. Inducing consent through drugs or alcohol; or

    7. Ejaculation onto the person of another.

  3. Sexual Exploitation: “Sexual Exploitation” occurs when a person takes sexual advantage of another person without that person’s consent, including but not limited to sexual intimidation or distribution/publication of sexual or intimate information about another person.

  4. Dating Violence [5]: “Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

    1. The length of the relationship.
    2. The type of relationship.
    3. The frequency of interaction between the persons involved in the relationship.
  5. Domestic Violence [6]: “Domestic Violence” is a crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; as well as any act that constitutes “domestic abuse” under Iowa Code § 236.2.

  6. Stalking [7]: “Stalking” occurs when:
    1. The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family.

    2. The person has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct.

    3. The person’s course of conduct induces fear in the specific person of bodily injury to, or the death of, the specific person or a member of the specific person’s immediate family.

  7. Retaliation: Taking an action against an individual for seeking guidance, making a report, supporting a complainant, or assisting in providing information relevant to a report or complaint, or filing a complaint under this Policy.

Definition of Consent: “Consent” is defined as clearly communicating agreement or permission to participate in sexual activity. The consenting individuals must act freely and voluntarily and have knowledge of the act involved. Such consent may be withdrawn at any time, without regard to the preceding activity. A current or previous relationship, or past consent, is not sufficient to constitute consent. Consent may not be inferred from silence or passivity. Consent is voluntary, affirmative and clear. Consent cannot be given when a person is incapacitated (such as due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual disability that prevents an individual from having the capacity to give consent). Coercion, force, or threats invalidate consent.

Confidentiality

Hawkeye is committed to creating an environment that encourages those who have experienced any form of Sexual Misconduct to come forward. The College will work to safeguard the personally identifiable information and privacy of those who seek help or who report Sexual Misconduct.  It is important that those reporting Sexual Misconduct understand the limits on confidentiality of the individual who they may contact for such assistance.  Different people, depending on their positions, have different obligations with regard to confidentiality.

Under Iowa law, communications with some individuals are confidential.  Those who want to maintain confidentiality should always confirm whether confidentiality applies to the communication before they make the communication.  Generally, confidentiality applies when seeking services from the following persons:

  • Trained and statutorily certified victim’s advocates (such as individuals at crisis centers such as Waypoint or Friends of the Family).
  • Licensed psychological counselor (such as the mental health counselor in the Student Health Clinic).
  • Licensed health care providers (including medical professionals at the Student Health Clinic).
  • Personal attorney representing the victim.
  • Religious/spiritual counselor.

Any other College employee, including counselors in the Student Services Office, cannot guarantee complete confidentiality. However, information is disclosed only to select officials who have an essential need to know in order to carry out their job responsibilities, such as those investigating/adjudicating a complaint or providing interim protective measures.  The College will also keep personally identifiable information out of public recordkeeping, including the College’s Annual Security Report of Crime Statistics under the Clery Act.

As is the case with any educational institution, the College must balance the needs of the individual students with its obligation to protect the safety and well-being of the community at large.  Therefore, depending on the seriousness of the alleged incident, further action may be necessary, including a timely warning notice to the campus community.  The notice would not contain any information identifying the person who brought the complaint.

Options for Assistance Following an Incident of Sexual Misconduct

1. Medical Attention and Evidence Preservation

Seek medical attention at a local hospital or clinic, both for physical well-being and to preserve medical and physical evidence. A free, confidential medical examination from a Sexual Assault Nurse Examiner (SANE) can be obtained.  Bathing, douching, smoking, changing clothing and cleaning the scene of the assault is discouraged before seeking medical attention.

Preserve other evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents if they have any that would be useful to College adjudicators/investigators or police.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining criminal/civil protective orders related to the incident more difficult.  If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with Campus Public Safety or other law enforcement to preserve evidence in the event that the victim decides to act at a later date.

2. Victim Advocacy, Confidential Reporting, and Mental Health Counseling

Victims of Sexual Misconduct may also want to contact an advocacy group for information and assistance, or seek mental health counseling. The following is a list of such resources on or accessible from the College area:

On-Campus Confidential Resource
Hawkeye Community College Student Health Clinic*
Mental Health Counseling with licensed providers
319-296-4224 Student Health Clinic
Health Education and Services Center
Off-Campus Confidential Resources
Cedar Valley Friends of the Family* 319-352-0037
1-800-410-SAFE (7233)
www.cvfriendsofthefamily.org
Iowa Domestic Violence Hotline* 1-800-942-0333 www.cfiowa.org
National Domestic Violence Hotline* 1-800-799-SAFE (7233)
1-800-787-3224 (TTY)
www.thehotline.org
Riverview Center* 319-939-9599 www.riverviewcenter.org
Waypoint Services 319-365-1458
1-800-208-0388
www.waypointservices.org

* Confidential resource.

Reporting, Investigation, and Disciplinary Procedures

1. Reporting to Law Enforcement

The College strongly encourages victims to report instances of Sexual Misconduct which constitute a crime to local law enforcement, but it is a victims’ right to choose whether to make a report or decline law enforcement involvement. If making a report to law enforcement, whether on or off-campus, a report should be made to law enforcement in the applicable jurisdiction:

  • For the College’s main campus and any of Hawkeye’s metro sites (Metro Center, MLK, Cedar Falls Center), call the Black Hawk Consolidated Communications Center at (319) 291-2515 to be connected to  the Black Hawk County Sheriff’s Office, or Waterloo, Cedar Falls, Evansdale, Hudson, LaPorte City, Gilbertville and Dunkerton Police Departments.
  • For the Waverly Center, call the Bremer/Waverly Law Enforcement Center at (319) 352-5400 to be connected to the Bremer County Sheriff’s Office or Waverly Police Department.'

  • For the Independence Center, call the Buchanan County Sheriff’s Office at (319) 334-2567 or the Independence Police Department at (319) 334-2520.

  • For the Western Outreach Center, call the Grundy County Sheriff’s Office at (319) 824-6933 to reach the Grundy County Sheriff’s Office or Grundy Center Police Department.

In any emergency situation, law enforcement can always be reached by dialing 911. In addition, if the Sexual Misconduct occurs on campus, Campus Security can be contacted at (319) 296-4234 for immediate assistance, and to provide help with reaching law enforcement.

Criminal acts may subject the perpetrator to criminal and civil penalties under federal and state law.

2. Reporting to the College

To report an incident involving Sexual Misconduct, whether it occurred on or off-campus, contact:

  • The College’s Public Safety Office: 319 296-4234
  • Title IX Coordinator** for Students: 319-296-4448, Title IX Coordinator email
    Nancy Henderson, Hawkeye Center—Student Services
  • Title IX Coordinator for Employees** for Employees: 319 296-4405, Title IX Coordinator email
    John Clopton, Hawkeye Center—Human Resource Services

If you report to any other non-confidential resource, including any other non-confidential College employee or representative, they are also expected to refer the report to one of the above referenced individuals.[8] Confidential reporting resources are listed above.

3. Institutional Complaints

A victim, the College, or a member of the college community may file an institutional complaint of Sexual Misconduct, whether or not it occurred on campus.  To receive information regarding filing a complaint or to do so, contact the following:

Title IX Coordinator** for Students: Nancy Henderson, (319) 296-4448, Title IX Coordinator email, Hawkeye Center—Student Services

Title IX Coordinator** for Employees: John Clopton, (319) 296-4405, Title IX Coordinator email, Hawkeye Center—Human Resource Services

The Title IX Coordinator** or designee will explain the procedures for filing and investigating the complaint, and refer the complainant to other resources (including counseling or law enforcement) as appropriate. A written report or complaint is typically required for a case to be referred for action, and the respondent will have the right to see the written complaint.

As noted above, the College may or may not be able to honor all requests to keep the details or identities in a complaint of Sexual Misconduct confidential, and will need to weigh the interests of the complainant against its obligation to provide a safe, non-discriminatory environment for all students and employees, including the complainant. If the College honors requests for confidentiality in the complaint process, a complainant must understand that the College’s ability to fully investigate the incident and pursue disciplinary action against the respondent may be limited.

4.  Amnesty for Complainants and Participants in Investigations

The College will not pursue disciplinary action for improper use of alcohol or other drugs against a student who reports or makes a complaint in good faith concerning an incident of Sexual Misconduct, or who participates in good faith in an investigation into an incident of Sexual Misconduct.

5. Interim Protective Measures/Accommodations

After receiving a report or complaint of Sexual Misconduct, reasonable interim protective measures/accommodations may be offered or requested, whether or not law enforcement is contacted. The College will also implement interim or protective action for both parties during an investigation.  Protective measures/accommodations, when reasonably available, may include:

  • Transfer of class sections;
  • Assistance in exploring incompletes, leave or withdrawal;
  • Changes in living, transportation or working arrangements;
  • Safety Planning;
  • Referral to counseling and health resources, and assistance with notifying law enforcement;
  • Providing a campus no-contact agreement/order.

Individuals may also pursue other civil or criminal no-contact/protective orders through the court system. The College will keep any protective measures confidential, to the extent confidentiality does not impair the College’s ability to provide the measures.

In compliance with Iowa law, the College recognizes both criminal no-contact orders and civil protective orders.  If you obtain an order of protection from the court in Iowa, you should provide a copy to the College’s Public Safety office and a Title IX Coordinator***.  You may then meet with College officials to develop a plan to reduce risk of harm while on campus or coming and going from campus.  This plan may include, for example: escorts, special parking arrangements, changing classroom location, allowing a student to complete assignments from home, etc.

6. Complaint Resolution Process

Upon receipt of a complaint or report of Sexual Misconduct, the College will proceed with the resolution procedures described below, and where appropriate, sanctions and corrective measures will be taken. All steps of the College’s resolution procedures (including investigation and disciplinary procedures) will be prompt, fair, and impartial [9].

7. Former Students, Former Employees, or Third Parties

If any party or parties are not under the full jurisdiction of the College (for example, former students, former employees, or other third parties), the College will conduct an investigation to the extent reasonably possible. In these situations, the College will endeavor to provide coequal rights and notifications to the parties, but may reasonably tailor the procedures to the circumstances. If a finding of Sexual Misconduct is made, the College may impose sanctions appropriate for the situation, such as a no readmission sanction, a no-rehire sanction, or a no trespass/no-contact order.

8. Informal Resolution Process

In some cases, the Title IX Coordinator(s)** may determine, after receiving a complaint and conducting a review of the circumstances, that informal resolution is an appropriate means of addressing reported behaviors and responding to the complainant’s concerns. Informal resolution will only be pursued when both parties voluntarily agree to informal resolution, and the parties are informed in writing of their right to request the complaint be handled under the College’s formal resolution process at any time.

During the informal resolution process, the parties will be given the same opportunities to have others present for interviews or meetings, which includes the opportunity to be accompanied to interviews by a silent representative/support person/steward/advisor of their choice. 

The informal resolution process will only be utilized in appropriate cases. In no event will informal resolution be used in cases of sexual assault/abuse, or where there is a power differential between the parties (e.g., if the complainant is a student and the respondent is an employee with authority over the student). At no time during the informal resolution process will the complainant be required to resolve the issue directly with the respondent.

Sanctions and/or protective measures may be taken as the result of an informal resolution process, if both parties agree to such measures. The parties will be informed simultaneously and in writing of any measures taken, and any resolution reached will be final. The College will retain a record of the resolution reached. 

9. Formal Resolution Process

Investigators

All other cases of alleged Sexual Misconduct will be investigated by an Investigator assigned by the Title IX Coordinator**.  If, prior to the initiation of the investigation, either the complainant or the respondent alleges that an Investigator has a conflict of interest, after hearing from both parties on the topic, the Title IX Coordinator** will decide whether to excuse the Investigator and announce his/her decision in writing to both parties.  If the Title IX Coordinator** determines that the Investigator should be excused, or if an Investigator is unavailable to conduct the investigation, the Title IX Coordinator** will appoint a replacement Investigator. 

* The College reserves the right, in the discretion of the Title IX Coordinator** and/or the President, to utilize an external Investigator(s) to conduct an investigation under this Policy, in lieu of the internal Investigator identified herein.  

Investigation Process

  1. Upon receipt of a complaint or report of Sexual Misconduct, the Title IX Coordinator** will prepare a notice of complaint document that identifies:

    1. The respondent;

    2. The complainant (unless the Title IX Coordinator** has decided to honor a request by the complainant to remain confidential);

    3. The date(s) of the alleged misconduct;

    4. A brief description of the allegation;

    5. The specific provisions of this Policy that were allegedly violated; and

    6. The investigatory process that will follow.
  2. This notice of complaint document will be provided to both parties.  If reasonably possible, the Title IX Coordinator** should deliver the notice of complaint document to both individuals personally, so that he/she can explain the nature of the complaint(s) and the investigatory process.  

  3. During the investigation, both the complainant and respondent:
    1. Will be allowed to present their version of events to the Investigator and to provide any supporting evidence.

    2. Will have the same opportunities to have others present for interviews, which includes the opportunity to be accompanied to interviews by a silent representative/support person/steward/advisor of their choice.  The silent representative or advisor will not be allowed to provide information to the Investigator or ask questions of the party during the interview process.  

    3. Will be allowed to identify witnesses, all of whom will be interviewed by the Investigator absent a compelling reason why such an interview cannot take place.  If the Investigator determines that an identified witness cannot or should not be interviewed, both parties will be informed in writing of this decision, unless safety considerations prevent such disclosure.

    4. Will be given an opportunity to review all tangible evidence submitted or identified by the other party and given an opportunity to comment on that evidence, unless safety considerations prevent such disclosure.

    5. Will be notified of the witnesses identified by the other party and be given an opportunity to comment on those witnesses and identify rebuttal witnesses, unless safety considerations prevent such disclosure.

    All investigations will be conducted as discretely as is practicable.  Witness interviews might be audio recorded, and if so, all such recordings shall at all times remain the property of the College.  Individuals making good faith allegations of Sexual Misconduct and those participating in such investigations will not be subjected to Retaliation.

  4. At the conclusion of the investigation, the Investigator will determine whether a preponderance of the evidence supports a finding that this Policy was violated.  A preponderance of the evidence is evidence from which the Investigator can determine that it is more likely than not that a violation occurred.  The Investigator will prepare a written Notice of Decision supporting the decision and deliver it to both parties simultaneously and the Title IX Coordinator**. 

    • Identify who is issuing the decision and whether an appeal is available (and if so, how to perfect such an appeal);

    • Notice of the finding of whether the alleged conduct occurred;

    • Any individual remedies for the complainant;

    • In non-violence cases, notice of any sanctions imposed on the respondent that directly relate to the complainant; [10]

    • In violence cases, notice of all sanctions imposed on the respondent;

    • Steps being taken to eliminate the misconduct and prevent recurrence.
  5. In most cases the Investigation/Determination Processes will be concluded within sixty (60) days after the complainant makes the official college report.  However, if circumstances are such that the process will not be rendered in this time-frame for good cause, the complainant and the respondent will be so advised in writing and provided a general time-frame for the conclusion of the process.

Sanctions

College sanctions may be imposed upon those determined to have violated this Policy. For students, sanctions include verbal reprimands, written warnings, probation, loss of privileges, fines, restitution, educational or work assignments, suspension, expulsion, revocation of admission, withholding a degree, or removal from courses.

For employees, sanctions could range from warning, reprimand, suspension with or without pay, suspension for part of a day or for a period of one (1) or more days, demotion, or termination of employment, and may include such other forms of disciplinary action as appropriate under applicable College procedures.  

Sanctions may also include protective measures regarding the complainant, including no-contact orders or changes in arrangement to academic or working situations. The College will take steps to prevent recurrence of any sex discrimination/harassment and correct the effects of the discrimination, as appropriate.

Appeals

The parties may appeal the Notice of Decision according to the following appeal procedures:

  1. The Notice of Decision may be appealed by the respondent or complainant to the Title IX Coordinator** within five (5) business days of the decision.  Such appeals will be in writing and will be delivered to the Title IX Coordinator**. 
    1. If an appeal is timely filed, the Title IX Coordinator** will send written notification to the respondent, complainant, and Investigator stating:

      • That the appeal has been filed;

      • The specific reason for the appeal, including a copy of the written appeal document; and

      • That they have the opportunity to submit additional relevant information and/or statements for review to the Title IX Coordinator** within five (5) business days; and

      • The identity of the person hearing the appeal (the “Appeal Authority”).

        • If the respondent is a student and the Investigator found the student responsible and issued a sanction of suspension or expulsion, the Appeal Authority shall be an Appeal Panel for an Appeal Hearing;

        • If the respondent is a student and the Investigator found the student not responsible or issued a sanction of less than suspension or expulsion, the Appeal Authority shall be the Vice President of Academic Affairs for a Written Appeal; and

        • If the respondent is an employee, the Appeal Authority shall be the appropriate Cabinet member or designee overseeing the respondent employee’s division for a Written Appeal.

    2. The Title IX Coordinator** will ensure that the Appeal Authority is provided with the following materials: (a) the notice of complaint document; (b) the investigatory materials (including all interview recordings and tangible evidence considered by the Investigator during the investigation); (c) the Investigator’s Notice of Decision; (d) the Notice of Appeal; and (e) any documents/statement provided to the Notice of Appeal. These materials comprise the “Record on Appeal.”

    3. The Appeal Authority will hear the appeal for one or more of the following purposes:

      • To assess whether a material deviation from written procedures impacted the fairness of the investigation;

      • To determine whether the decision was supported by substantial evidence;

      • To determine whether the sanction(s) imposed were appropriate for the violation of this Policy;

      • To consider new information, sufficient to alter a decision not brought out in the original hearing because such information and/or facts were not known to the person appealing at the time of the original hearing.

  2. The Appeal Authority may affirm, reverse, or modify the decision regarding the violation and/or sanctions imposed. 

  3. Procedures—Appeal Panel and Hearing.

    1. The Appeal Panel shall consist of three individuals appointed by the Title IX Coordinator** from a pool of trained administrators/faculty. If a party alleges one or more Appeal Panel members has a conflict of interest and the Title IX Coordinator** determines that the Appeal Panel member should be excused, the Title IX Coordinator** will appoint a replacement.

    2. The Title IX Coordinator** shall also appoint one of the three Appeal Panel members to act as a Chairperson. The Chairperson of the Appeal Panel shall preside as the hearing officer over the hearing, and resolve all questions of procedure.

    3. Once the Appeal Panel is selected, the parties will be provided with written notice which (1) gives the date, time, and place of the hearing, and (2) provides a copy of all additional information submitted by the parties with or following the Notice of Appeal. The time set for the hearing will ensure a prompt and equitable resolution and will be held not less than five (5) nor more than fifteen (15) business days after deadline to submit additional relevant information.

    4. The parties shall be given an opportunity to request documents in the investigatory materials (including all interview recordings and tangible evidence considered by the Investigator during the investigation) to prepare for the Appeal Hearing (unless prohibited from disclosure by law, privilege, work product protection, or to protect the health and safety of the victim or witnesses).

    5. Hearings are closed to the public. The parties and their advisor(s), if any, will be allowed to attend the entire portion of the Appeal Hearing at which information is received (excluding deliberations). Admission of any other person to the Appeal Hearing will be at the discretion of the Chairperson of the Appeal Panel.

    6. Each party has the right to be assisted by an advisor they choose, at their own expense. However, the parties are responsible for presenting his or her own case on appeal, and therefore, advisors are not permitted to speak or to participate directly in any Appeal Hearing. A party should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Appeal Hearing, because delays will not normally be allowed due to the scheduling conflicts of an advisor.

    7. The College’s evidence against the respondent will be presented by the Investigator(s) or designee.

    8. The parties may request witnesses present pertinent information to the Appeal Panel, and/or relevant documentation be considered. Questions to the witnesses may be suggested by the parties to be answered by each other or the witnesses. This will be conducted by the Appeal Panel with such questions directed to the Chairperson, rather than to the witness directly, with consideration given to whether additional measures (such as use of video-conferencing) should be used to protect the parties from direct confrontation. Pertinent records, exhibits, and written statements (including student impact statements) may also be accepted as information for consideration by An Appeal Panel. However, the hearing is an opportunity for the Appeal Panel to obtain information as needed to decide the appeal, and will not be a full re-hearing of the case. It will be in the Chairperson’s discretion as to whether to hear from witnesses or receive additional documentary evidence.

    9. There shall be a single verbatim record, such as a tape recording, of Appeal Hearings (not including deliberations). Deliberations shall not be recorded. The record will be the property of the College.

    10. After the portion of the Appeal Hearing concludes in which all pertinent information has been received, the Appeal Panel shall deliberate and determine (by majority vote) its Appeal Decision. The Appeal Panel shall prepare a written Appeal Decision, substantially in the form of a Notice of Decision, and provide to the parties, the Investigator(s), and the Title IX Coordinator** within seven (7) business days of the hearing. The decision of the Appeal Panel shall be final.

  4. Procedures—Written Appeal.

    1. A written decision of the Appeal Authority in the form of a Notice of Decision shall be provided to the respondent, complainant, and Title IX Coordinator**. The written appeals decision shall be completed within twenty (20) days of the date of appeal, or longer for good cause.

    If a final decision from the Investigator or appeal process imposes disciplinary action which constitutes termination of college personnel entitled to the hearing/judicial review procedures of Iowa Code chapter 279, such procedures shall be followed as required by law.

Interplay with Criminal Proceedings

College disciplinary proceedings under this Policy may be instituted against an individual charged with Sexual Misconduct that potentially violates both the criminal law and this Policy (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.  Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Title IX Coordinator**.  Determinations made or sanctions imposed under this Policy will not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.     

College conduct proceedings under this Policy are separate from criminal or civil litigation.  Formal rules of process, procedure, and/or technical rules of evidence, such as those applied in criminal or civil court, are not used under this Policy.

Written Notifications

The College will provide written notification to College students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims of domestic violence, dating violence, sexual assault, and stalking, both within the institution and in the community.

The College will also provide this Policy to victims of domestic violence, dating violence, sexual assault, and stalking as a written notification about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures.

The College will also provide this Policy to a student or employee who reports to the College that the student or employee has been a victim of dating violence, domestic violence, sexual assault/abuse, or stalking, (whether the offense occurred on or off campus), as a written explanation of the student or employee’s rights and options.

** Title IX Coordinator

Please note that the Title IX Coordinator is charged with coordinating the College’s response to reports of Sexual Misconduct under this policy.  The Title IX Coordinator does not serve as an advocate for either the complainant or the respondent.  The Title IX Coordinator will explain to both parties the informal and formal processes outlined below and the provisions of confidentiality.  Where appropriate, the Title IX Coordinator will provide to both parties information on options for obtaining advocacy, medical and counseling services, and making criminal reports, and will assist with providing information on other resources.  The Title IX Coordinator will coordinate with other campus officials to take appropriate interim actions such as no contact orders and academic accommodations.

Appendix

In addition to the College definitions for Sexual Misconduct offenses, included below are “Clery Definitions” for Domestic Violence, Dating Violence, Sexual Assault/Offenses, and Stalking. These are the definitions the College uses for purposes of reporting these crimes in the College’s Annual Crime Report in compliance with a federal law, known as Jeanne Clery Act. Only aggregate, statistical reporting under the Clery Act is reported; no personally identifiable information is contained in the Annual Security Report.

Domestic Violence:  Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of [Iowa] . . . , or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of [Iowa].

Dating Violence:  Means violence committed by a person (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship will be determined based on a consideration of the following factors:

  1. The length of the relationship.
  2. The type of relationship.
  3. The frequency of interaction between the persons involved in the relationship.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress.

Sexual Assault:  [A]n offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program:

  1. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

  2. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

  3. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.


Footnotes

[1] “Sexual abuse” as contemplated by Iowa Code § 260C.14(18) is a form of Sexual Misconduct, and College students and employees should refer to this Policy for information on counseling, campus security, education, and the prompt reporting of acts constituting sexual abuse to law enforcement.

[2] Conduct is considered “unwelcome” if an individual did not request or invite it and considered the conduct to be undesirable or offensive. 

[3] This includes both actual and perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.

[4] The State of Iowa uses the term “Sexual Abuse”: Any sex act between persons is sexual abuse 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.

Iowa Code § 709.1. “Sex act” is defined under Iowa Code § 702.17 as: “any sexual contact between two or more persons by any of the following: 1. Penetration of the penis into the vagina or anus; 2. Contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; 3. Contact between the finger or hand of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152; 4. Ejaculation onto the person of another; 5. By use of artificial sexual organs or substitutes therefore in contact with the genitalia or anus.”

[5] Iowa Code does not provide a per se definition for “dating violence.” The College’s definition of “dating violence” is consistent with the Clery Act regulations for reporting offenses. 

[6] Iowa Code does not define “domestic violence.” The College’s definition of “domestic violence” is consistent with the Clery Act regulations for reporting offenses, but also includes any offense which constitutes “domestic abuse” under Iowa law. 

[7] Iowa Code § 708.11. 

[8] Disclosing experiences with sexual harassment or sexual violence as a participant in public awareness events or discussion forums will not trigger reporting and investigation obligations. 

[9] College officials who receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking (and on how to conduct an investigation and process that protects the safety of victims and promotes accountability) will handle such complaints.

[10] Sanctions that directly relate to the complainant include, but are not limited to, requiring that the respondent stay away from the complainant for some period, prohibiting the respondent from attending school or working at the school for some period; or transferring the respondent to another residence hall, classes, school, or job. 


Appendix

In addition to the College definitions for Sexual Misconduct offenses, included below are “Clery Definitions” for Domestic Violence, Dating Violence, Sexual Assault/Offenses, and Stalking. These are the definitions the College uses for purposes of reporting these crimes in the College’s Annual Crime Report in compliance with a federal law, known as Jeanne Clery Act. Only aggregate, statistical reporting under the Clery Act is reported; no personally identifiable information is contained in the Annual Security Report.

Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of [Iowa] . . . , or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of [Iowa].

Dating Violence: Means violence committed by a person (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship will be determined based on a consideration of the following factors:

  1. The length of the relationship.
  2. The type of relationship.
  3. The frequency of interaction between the persons involved in the relationship.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress.

Sexual Assault: [A]n offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program:

  1. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

  2. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

  3. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

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