Page 28 - 2016 Iowa Central Student Handbook
P. 28

In determining whether alleged conduct constitutes sexual harassment, the College will consider
       all available information and will review the totality of the evidence, including the context in which
       the alleged incident(s) occurred, to determine whether it is more probably true than not that the
       harassment in violation of this policy occurred. Although repeated incidents generally create a stronger
       claim of sexual harassment, a single serious incident can be sufficient. Determinations will be made
       on a case-by-case basis.
       Expression that constitutes a protected exercise of an individual’s free speech rights under the First and
       Fourteenth Amendments to the United States Constitution shall not be deemed a violation of this policy.
       Isolated behavior of the kind described above that does not rise to the level of sexual harassment
       but that, if repeated, could rise to that level, demonstrates insensitivity that may warrant remedial
       measures. Academic or administrative personnel who become aware of such behavior in the College
       environment should counsel those who have engaged in the behavior. Such counsel should include a
       clear statement that the behavior is not acceptable and should cease, information about the potential
       consequences if such behavior persists, and a recommendation, as appropriate, to undertake an
       educational program designed to help the person(s) understand the harm caused by the behavior.
       6. Courses of Action:
       a. Students who feel that they have been the subjects of such harassment should advise the Vice
         President of Enrollment Management and Student Development or the College’s Director, Human
         Resources/Equal Employment Opportunity (EEO) Coordinator.
       b. Staff members should advise one of the following: their immediate supervisor, the appropriate Vice
         President, or the College’s Director, Human Resources / EEO Coordinator.
       c.  When the College is informed or made aware of a possible harassment situation, an investigation
         will be conducted as described in the procedure for a Formal Complaint in this policy.
       7. Sexual Violence: Sexual violence is prohibited and as specifically addressed in the Violence Against
       Women Reauthorization Act of 2013, Section 304, Campus Sexual Violence Act provisions amending
       Section 485(f) of the Higher Education Act of 1965 (the Jeanne Clery Disclosure of Campus Security
       Policy and Campus Crime Statistics Act). Sexual violence refers to physical sexual acts perpetrated
       against a person’s consent or where a person is incapable of giving consent due to the victim’s use
       of drugs or alcohol or due to an intellectual or other disability. A number of different acts fall into the
       category of sexual violence, including rape, acquaintance rape, domestic violence, dating violence,
       sexual assault, stalking, and acts as defined below, as well as aiding acts of sexual violence.
        -  Consent: Clear, knowing and voluntary participation in sexual conduct by person of the age and
         intellectual capacity to give lawful consent, and may be given by words or actions, as long as words
         or actions create mutually understandable clear permission regarding willingness to engage in
         (and the conditions of) the sexual activity. Consent must be active, not passive. Silence, in and of
         itself, cannot be interpreted as consent. Lack of protest or resistance does not constitute consent.
         Consent to any one form of sexual activity cannot be automatically implied to be consent to any
         other form of sexual activity. Previous relationships or prior consent cannot imply consent to future
         sexual acts. Persons who want to engage in the sexual activity are responsible for obtaining consent
         and the clearly giving of consent. Consent should never be assumed.
         Iowa Code provides that the following persons are unable to give consent:
          -  Persons who are asleep or unconscious (Iowa Code Section 709.1A);
          -  Persons who are incapacitated due to the influence of drugs, alcohol, or medication (Iowa Code
           Section 709.1A);
          -  Persons who are unable to communicate consent due to a mental or physical condition (Iowa
           Code Section 709.1A); or
          -  Generally, minors under the age of 16 (Iowa Code Section 709.4).
        -  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, 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.
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