Dating and Domestic Partner Violence Protocol

Statement of Intent Regarding the Dating and Domestic Violence Protocol

Grinnell College is a community of trust whose very existence depends on strict adherence to standards of conduct set by its members. Dating and domestic violence (also known as intimate partner violence) is a crime punishable by both civil and criminal legal action and a serious violation of Grinnell College’s Community Standards. Dating and domestic violence will not be tolerated within our community. The College's Dating and Domestic Violence Response Protocol prohibits all forms of dating, domestic, and/or intimate partner violence, including but not limited to: physical violence (e.g., kicking, hitting, pinching, choking, biting), sexual violence (e.g., forcing a partner to take part in a sex act when the partner does not consent), emotional violence - including verbal/written violence (e.g., isolation, intimidation, belittling, stalking, "outing" someone against his/her/hir will, cyber bullying/harassment, threat of physical force), and economic abuse (i.e., withholding financial resources to intimidate, threaten, or cause a person to remain in a relationship because of access to finances).

Dating and domestic violence are criminal offenses, and should be reported to the proper authorities. The protocol below covers improper dating/intimate partner conduct in the college context, and the standards used by Grinnell College are different from those used by the state of Iowa to define dating and domestic violence offenses. No double jeopardy is presented by different sets of standards, and students at Grinnell College are charged with the responsibility of being familiar with and abiding by the standards of conduct set forth in our on-line Student Handbook. Students may be subject to both criminal prosecution and on-campus disciplinary action. Members of the Grinnell College community are strongly encouraged to report all incidents of dating, domestic, and/or intimate partner violence.

If you have experienced or are experiencing dating, domestic, and/or intimate partner violence, consider the following:

1. Go to a safe place and/or find someone you can trust. If possible, separate yourself from the alleged perpetrator(s).
2. Find support for yourself by contacting a friend, family member, member of the clergy (including our College Chaplain and/or Rabbi), Residence Life Coordinator, confidential campus resource (including Student Health and Counseling Staff, Chaplain and/or Rabbi), Student Adviser, trained campus advocate, or DVA/SAC advocate.
3. Develop a safety plan. The resources listed above can assist you in identifying immediate strategies and actions that can be taken to increase your safety and ability to remain enrolled at the College while reducing or eliminating your fear or intimidation. Some examples of your safety plan might include but are not limited to: filing a report with Campus Safety and Security and/or Grinnell Police Department, providing an immediate emergency housing reassignment (either on or off campus), removing campus directory information and/or creating a new campus email address, working with Campus Safety and Security to issue a "no contact" order.
4. Obtain medical attention, if needed. In Grinnell, you can go to the Grinnell Regional Medical Center (GRMC) and request a sexual assault examination (for some sexual violence acts) or a medical examination if physically injured. The sexual assault exam is an evidence-gathering medical process that is most effective if it occurs within 72 hours of the assault. We strongly suggest that if you believe an exam/testing is desired and/or necessary that – prior to going to GRMC – a call should be made to DVA/SAC (1-800-779-3512) to: a.) serve as an advocate; and/or b.) request for a Sexual Assault Nurse Examiner (S.A.N.E.) nurse to provide the examination. You have the right to have a support person accompany you to the exam. Listed are a few suggestions: friend, Residence Life Coordinator, confidential campus resource (including Student Health and Counseling Staff, Chaplain and/or Rabbi), Student Adviser, trained campus advocate, or DVA/SAC advocate. They will support you by listening, explaining the process, and answering your questions.
5. Document for yourself as soon as possible what happened (i.e., time, date, sequence of events, descriptions, witnesses). It is important to not destroy any evidence of violence (e.g., email/Facebook/Plans correspondences, voicemail/text messages).
6. Report incident to the Campus Safety and Security Department and/or local police.
7. Report the incident to the Grinnell College administration.
8. Contact a therapist or counseling service.
9. You have the right to choose to do any or all of these options, or to do nothing. The choice is yours.

Dating and Domestic Violence Offenses Include But Are Not Limited To:

1. Physical Violence (or attempts to commit same)
2. Sexual Violence (or attempts to commit same)
3. Emotional Violence - including verbal/written violence (or attempts to commit same)
4. Economic Abuse (or attempts to commit same)

Definitions of Dating and Domestic Violence:

Physical Violence - Physical violence includes but is not limited to: kicking, pinching, hitting, choking, biting, shaking or otherwise using physical force to restrain or hurt a partner. Physical violence can be used against a partner with a physical disability by not allowing them access to equipment such as a wheelchair or similar items, which assist a person with a disability in daily living.

Sexual Violence - Sexual violence is forcing a partner to engage in sexual acts against one's will.

Emotional Violence - Emotional violence (including verbal/written violence) is using isolation, intimidation, and threat of physical force or words to restrain or hurt a partner. This could include threatening to "out" a lesbian, gay, bisexual or transgender partner. In some cultures, family members may participate in emotionally abusing a partner. International students who are perpetrators may threaten their partners by telling them they will be sent back to their country of origin if they report acts of violence against them.

Economic Abuse - Economic abuse may not come into play in a dating relationship, but it is defined as withholding financial resources to intimidate, threaten or cause a partner to remain in a relationship because of lack of access to finances.

These definitions are provided by the Campus Dating and Domestic Violence newsletter (March 2003, Volume 4). Ann Malloy, author.

Questions you should ask yourself if you think you might be in an abusive relationship:

• Does my partner push, shove, slap, hit, kick, punch, choke or restrain me against my will?
• Do conversations with my partner make me feel bad about myself?
• Are interactions between my family and myself and friends flowing less freely now than before I met my partner?
• Do I engage in sex acts with which I am not completely comfortable?
• Does my partner force me to have sexual relations with him/her/hir when I do not want to? If so, am I afraid to talk to him/her/hir about this?
• Does my partner accuse me of having affairs with others?
• Does my partner keep track of where I go, whom I talk to, who I hang out with, what I wear, and what I say?
• If I disagree with my partner about something, do I worry about a moody, threatening and/or violent response?
• If I told my partner that I wanted to end the relationship am I afraid of his/her/hir response?
• Does my partner call me names that make me feel bad about myself?

If you answered "yes" to any of these questions you may be in an abusive relationship. Please contact one of the confidential campus resources (Chaplain's Office, Student Health and Counseling Services, Campus Advocates) for additional information or assistance.

These questions are provided by the Campus Dating and Domestic Violence newsletter (March 2003, Volume 4). Ann Malloy, author.

Educational Outcome (Sanction) Statement

Any student who is found responsible for engaging in dating, domestic, and/or intimate partner violence may receive an educational outcome (sanction) ranging from conduct warning to dismissal, depending on the severity of the incident, and taking into account any previous student conduct infractions.*

*The hearing board or student conduct administrator reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating or aggravating circumstances. Neither the hearing board or administrator nor any appeals body or officer will deviate from the range of recommended outcomes unless compelling justification exists to do so. A student's previous conduct record will only be revealed tot he conduct hearing board during sanction deliberations - and only if the student was found responsible for committing an offense.

 A violation of this policy may result in suspension or dismissal.

Assurances

Students who believe they have experienced dating, domestic, and/or intimate partner violence can expect:

• An investigation and appropriate resolution of all complaints of alleged dating/domestic/intimate partner violence made in good faith by College administrators;
• That the accuser and accused have the same opportunity to have others within the campus community present (in support or advisory roles) during a campus conduct hearing;
• Not to be discouraged by College officials from reporting allged misconduct to both on- and off-campus authorities;
• To be informed of the outcome (sanction) of any conduct hearing involving dating/domestic violence, usually within 48 hours of receipt of a presiding officer report from the conduct hearing;
• To be informed by College officials of options to notify proper law enforcement authorities, including on-campus security and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if so desired by the survivor;
• To be notified of available student health and counseling services for survivors of dating/domestic violence, both on-campus and in the community;
• Notification of and options for, and available assistance in, changing academic and living situations after an alleged dating/domestic violence incident, if so requested by the survivor and if such changes are reasonably available (no charges or investigation, campus or criminal, need occur before this option is available). Accommodations may include:Changing a student’s college-owned housing,Assistance from College support staff in completing the relocation,Exam (paper, assignment) rescheduling,Taking an incomplete in a class, Transferring class sections, Emergency leave, Alternative course completion options;

• Not to have irrelevant prior sexual history admitted as evidence in a campus conduct hearing;
• Not to have incidents of dating/domestic violence complaints mediated;
• To have an opportunity to make a written survivor-impact statement within 48 hours of the campus conduct proceeding and to have that statement considered by the Vice-President for Student Affairs in determining her/his/hir outcome (sanction);
• A campus “no-contact order” against another student who has engaged in or threatens to engage in stalking, threatening, harassing, or other improper behavior that presents a danger to the welfare of the complaining student or others;
• To have complaints of dating/domestic violence responded to quickly and professionally by Campus Safety and Security;
• To appeal the finding and outcome (sanction) of the conduct body, in accordance with the standards for appeal established in the Community Standards and Responsibilties section of this on-line Student Handbook;
• To review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing;
• To be informed of the names of all witnesses who will be called to give testimony, typically within 48 hours of the hearing, except in cases when a witness’ identity will not be revealed for safety reasons;
• Preservation of confidentiality, to the extent possible and allowed by law;
• A hearing closed to the public;
• To petition that any member of the conduct body be removed on the basis of bias;
• To bring a trained campus victim advocate to all phases of the investigation and campus conduct proceeding. The advocate may not take part directly in the hearing itself, though the advocate may communicate with the student as necessary;
• To present witnesses to the conduct hearing board;
• To be fully informed of campus student conduct rules and procedures as well as the nature and extent of all charges contained within the complaint;
• To be present for all testimony given and evidence presented before the conduct hearing board;
• A fundamentally fair hearing, free of bias of any kind;
• A campus conduct outcome based solely on evidence presented during the student conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
• Written notice of the outcome (sanction) as assigned by the Vice-President for Student Affairs;
• To be informed in advance of any official administration public release of information regarding the complaint.

Those students who have been accused of dating, domestic, and/or intimate partner violence can expect:

• An investigation and appropriate resolution of all complaints of alleged dating/domestic/intimate partner violence made in good faith by College administrators against the accused student;
• That the accuser and accused have the same opportunity to have others within the campus community present (in support or advisory roles) during a campus conduct hearing;
• To be informed of and have access to campus resources for medical, counseling, and advisory services;
• To be fully informed of the nature, rules and procedures of the campus student conduct process and to timely notice of all charges within the complaint, including the nature of the charge and possible outcomes (sanctions);
• A hearing on the charges, including timely notice of the hearing date, and adequate time for preparation;
• Not to have irrelevant prior sexual history admitted as evidence in a conduct hearing;
• To make a written impact statement within 48 hours of the campus conduct proceeding and to have that statement considered by the Vice-President for Student Affairs in his/her/hir educational outcome(s);
• To appeal the finding and outcome (sanction) of the conduct body, in accordance with the standards for appeal established in the Community Standards and Responsibilties section of this on-line Student Handbook;
• To review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing;
• To be informed of the names of all witnesses who will be called to give testimony, typically within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed for safety reasons (this does not include the name of the alleged survivor/complainant, which will always be revealed);
• A hearing closed to the public;
• To petition that any member of the conduct hearing board be removed on the basis of bias;
• To present witnesses to the conduct hearing board;
• To have an adviser accompany and assist in the student conduct process. The adviser may not take part directly in the hearing itself, though he/she/zi may communicate with the accused student as necessary;
• A fundamentally fair hearing, free of bias of any kind;
• A campus conduct outcome based solely on evidence presented during the student-conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
• Written notice of the outcome (sanction) as assigned by the Vice-President for Student Affairs;
• To be informed in advance of any official administration public release of information regarding the complaint.

Jurisdiction

Grinnell College will take jurisdiction over complaints of dating, domestic, and/or intimate partner violence occurring on-campus, or at a College-sponsored event or program. The College may also take student conduct jurisdiction, to the extent practical and possible, over all complaints of dating/domestic violence occurring off-campus, if the person being charged and the alleged survivor are both Grinnell College students, and if the impact of the violence is likely to have a substantial effect on the alleged survivor’s on-campus life and activities, or if the incident poses a threat of danger to other students. To the extent it is practical and possible, the College may also take student conduct jurisdiction over students charged with off-campus dating/domestic violence cases where the alleged survivor is not a student. The College may take jurisdiction over incidents occurring during semester breaks or between semesters.

False Reporting

Grinnell College will not tolerate intentional false reporting of dating, domestic, and/or intimate partner violence. It is a violation of College policy to make an intentionally false report of dating/domestic violence, and it may also violate state criminal statutes and civil defamation laws.

Group Infractions

When members of a student group or organization, individuals acting collusively, or members of a team act in concert in violation of the dating and domestic violence protocol, they may be charged as a group, and a hearing may proceed against the group as joint respondents.

Limited Immunity for Survivors and Good Samaritan Immunity

The Grinnell College community encourages the reporting of dating, domestic, and/or intimate partner violence. Sometimes, survivors are hesitant to report to College officials because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community for individuals to report dating/domestic violence to College officials. To encourage reporting, Grinnell College pursues a policy of offering survivors of dating/domestic violence limited immunity from being charged for policy violations related to the dating/domestic violence incident. While policy violations cannot be completely overlooked, the College will provide referrals to counseling and may require educational options in such cases.

The welfare of students in our community is of paramount importance. At times, students on- and off-campus may need assistance. Grinnell College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a dating/domestic violence survivor to Campus Safety and Security). Grinnell College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the College will provide referrals to counseling and may require educational options to those who offer their assistance to others in need.

Confidentiality

If you have been affected by an incident involving dating, domestic, and/or intimate partner violence within or outside of the Grinnell College community, there are people you can talk to. You can call or approach any of these people confidentially and off the record and tell them what happened. They will listen and explain your options. Talking to any of these people does not constitute reporting the incident.

On Campus Resources

Members of the Clergy with Absolute Confidentiality (generally cannot be compelled to testify in a court of law)

• Dean of Religious Life and Chaplain - Deanna Shorb, 641-269-4981 (office); 641-236-7692 (home)

Confidential Resources (are not required to report the incident or disclose identifying information, only periodic statistical information - may be subpoenaed)

• Campus Peer Advocates and Chaplain or Rabbi

Campus Related Confidential Counseling

• Student Health and Counseling Services, 641-269-3230
• Domestic Violence Alternatives/Sexual Assault Center, 24 hour Crisis Line 1-800-779-3512

Other Resources

Crime Victim Compensation Program, 515-281-5044 or 1-800-373-5044

Iowa Attorney General’s Office

Crime Victim Assistance Division

321 East 12th Street

Des Moines, IA  50319

RELAY IOWA, 1-800-735-2942 TT or 1-800-735-2943 VOICE

• Language Line Translation Available

Grinnell Regional Medical Center, 641-236-2380

• HIV/AIDS and STD testing
• Medical exam
• Sexual Assault exam

Grinnell Police Department, 641-236-2350

• Report dating/domestic/intimate partner violence

National Coalition Against Domestic Violence

National Domestic Violence Hotline, 1-800-799-SAFE (7233)

• TTY: 1-800-787-3244

National Sexual Violence Resource Center

Polk County Victim Services, 515-286-3600

Transportation

• Contact Chaplain, Residence Life Coordinators, Student Health and Counseling Services staff, or DVA/SAC to arrange confidential transportation to the hospital.

Central Iowa Family Planning (Grinnell Office), 641-236-7787

• Medical exam
• Counseling
• Information and referral

Campus Reporting, Confidentiality, and the Student Conduct Process

Other resources for information about the student conduct process include Residence Life Coordinators and Student Affairs staff members. Depending upon the situation when these officials of the College are informed of details of an incident, they may have a duty to investigate the incident to the extent possible, even without the cooperation of the survivor. In investigating the incident, the College will not be able to assure the survivor’s complete confidentiality or control over the process.

Once a decision has been made to pursue a complaint, the student should discuss the process with a Student Affairs staff member who is familiar with the student conduct process. These staff members assist students in the identification of policy violations, outline the complaint filing and investigative procedures, and discuss confidentiality regarding conduct complaints. Most senior-level Student Affairs administrators will know of the complaint and details, as will any administrator who processes or hears the complaint, as well as the person(s) to whom your complaint may be appealed. All of these individuals will maintain confidentiality to the best of their ability and consistent with their duties. In order to meet annual federal campus crime statistic reporting requirements, many colleges, including Grinnell College, must disclose non-personally identifiable information. Within two days of a report, basic details of an incident will be available to the public in the campus security log. No names are given, and facts that could lead to the identity of the survivor are not disclosed. Campus conduct hearings are not open to the public.