Sexual Misconduct, includes Sexual Exploitation, Sexual Harassment, Non-consensual Sex Act, Non-consensual Sexual Touching, and Knowingly Transmitting STDs (all of which are defined below):
Sexual Exploitation: Sexual Exploitation happens when a student takes non-consensual sexual advantage of another for the purpose of arousing or satisfying his/her own sexual desires or those of those of a third party.
Examples of sexual exploitation include, but are not limited to, prostituting another student, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as letting your friends surreptitiously watch you having consensual sex), engaging in Peeping Tommery.
Sexual Harassment: Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other unwelcome verbal or written comments or physical acts toward another because of the other person’s sex.
Examples of sexually harassing behavior may include various types of unwelcome behavior, 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.
Hostile Educational/Work Environment and Tangible Educational/Job Benefits (associated with Sexual Harassment): When Sexual Harassment-
1) is made, either explicitly or implicitly, a term or condition of instruction, employment or participation in college activities; or
2) is used as a basis for evaluation in making academic or employment decisions affecting an individual; or
3) is sufficiently severe or pervasive as to create a hostile educational or work environment and thereby alter the terms or conditions of an individual’s educational or work environment-
the harassment may be sanctioned under this Policy and the Simpson Code of Conduct. Sexual Harassment that does not involve tangible educational/job benefits or create a hostile educational/work environment may be addressed administratively through an informal process.
Non-consensual Sex Act: A “sex act” (defined below) where “effective consent” (defined below) is not given by one of the participants.
Non-consensual Sexual Touching: Non-consensual “sexual touching” (defined below) where “effective consent” (defined below) is not given.
Knowing Transmission of STD: Knowingly transmitting an STD (including HIV) to another student is a violation of this policy.
Relationship Misconduct includes Dating Violence, Domestic Violence and Stalking, each of which is defined below:
Dating Violence: Violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.
Domestic Violence: An assault (which is defined in §708.2A of the Iowa Code as an intentional or unauthorized act that is intended to cause pain to another or in result in physical contact that is insulting or offensive, coupled with the apparent ability to do the act or to place the victim in fear of any such act, or the intentional and authorized pointing of a firearm or display of a dangerous weapon in a threating manner) when the assault is between:
- Family or household members who resided together at the time of the assault;
- Family or household members living together at the time of the assault;
- Separated spouses or persons divorced from each other and not residing together at the time of the assault.
- Persons who are parent of the same minor child, regardless of whether they have been married or have lived together at any time.
- Persons who have been family or household members residing together within the past year and not residing together at the time of the assault; or
- Persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault.
Stalking: A person commits stalking when all of the following occur:
- The person purposefully engages in a course of conduct (repeatedly maintaining a visual or physical proximity to a person without legitimate purpose or repeatedly conveying oral or written threat, threats implied by conduct, or a combination thereof) directed at or toward 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 (spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person); and
- 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; and
- 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.
A Sex Act is sexual contact between two or more persons by penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; contact between the finger or hand of one person and the genitalia or anus of another person, or by use of artificial sexual organs or substitutes therefore in contact with the genitalia or anus.
Sexual Touching is any contact with the breasts, buttock, 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 for the purpose of arousing or satisfying his/her own sexual desires.
Incapacitation or Incapacitated means a person is disabled or deprived of ability, as follows:
- “Mentally incapacitated” means that a person is temporarily incapable of rationally and reasonably understanding the nature and extent of the situation or controlling the person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance. This includes someone whose incapacity results from ingesting anything that falls in the category of a “date-rape drug.” Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, as is administering one of these drugs to another student for the purpose of inducing incapacity.
- “Physically helpless” means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
- “Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.
709.1A Iowa Code
Being drunk is never an excuse for violation of this policy. To have sex with someone who you know or should know is incapacitated from making a rational, reasonable decision about a sexual situation is a violation of this policy. This includes someone who is incapacitated as the result of ingesting anything that falls in the category of a “date rape drug”. Possession, use and/or distribution of any of these substances, including Roypnon, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is an offense of the most serious nature.
Effective Consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon current sexual activity.