Statement of Intent Regarding the Sexual Misconduct Policy
Grinnell College is a community of trust whose very existence depends on strict adherence to standards of conduct set by its members. Sexual assault is a crime punishable by both civil and criminal legal action and a serious violation of Grinnell College’s Community Standards. Sexual misconduct will not be tolerated within our community. Sexual assault and rape are criminal offenses, and should be reported to the proper authorities. The policy below covers improper sexual conduct in the college context, and the standards used by Grinnell College are different from those used by the state of Iowa to define sex 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 sexual misconduct.
If you have experienced or are experiencing sexual misconduct, consider the following:
- Go to a safe place and/or find someone you can trust.
- Obtain medical attention. In Grinnell, you can go to Grinnell Regional Medical Center and request a sexual assault examination. The exam is an evidence-gathering medical process that is most effective if it occurs within 72 hours of the assault. The exam may include testing for HIV/AIDS, STDs and pregnancy, a vaginal examination, collecting fingernail scrapings and /or clippings, examining your body for injuries and a blood draw. You have a right to have a support person accompany you to the exam. Listed are a few suggestions: a friend, Residence Life Coordinator, Student Adviser, confidential campus resource, a trained campus advocate or DVA/SAC advocate. They will support you by listening, explaining the process and answering your questions.
- Find support for yourself by contacting a friend, family member, member of the clergy, Residence Life Coordinator, confidential campus resource, Student Adviser, trained campus advocate or DVA/SAC advocate.
- Document for yourself as soon as possible what happened (i.e., time, date, sequence of events, descriptions, witnesses).
- Preserve clothing and/or other items involved in the assault. Collect items in clean brown paper bags for transport to the hospital or to give to the police. DO NOT use plastic bags as it degrades the chemical composition of the evidence.
- Report incident to the Campus Safety and Security Department and/or local police.
- Report the incident to the Grinnell College administration.
- Contact a therapist or counseling service.
- Utilize healing resources such as on-line or community support groups or books such as Recovering from Rape by Linda Ledray, and The Courage to Heal by Ellen Bass.
- You have the right to choose to do any or all of these options, or to do nothing. The choice is yours.
Sexual Misconduct Offenses Include But Are Not Limited To:
- Non-Consensual Sexual Intercourse (or attempts to commit same)
- Non-Consensual Sexual Contact (or attempts to commit same)
- Sexual Exploitation
- Sexual Harassment
Non-Consensual Sexual Intercourse or the campus policy equivalent to the crime of Rape
Non-Consensual Sexual Intercourse or rape is
- any sexual intercourse (anal, oral, or vaginal),
- however slight,
- with any object,
- by a man, woman, or transgender(ed) person upon a man, woman, or transgender(ed) person
- without effective consent.
Examples of Non-Consensual Sexual Intercourse can include, but are not limited to, vaginal penetration by a penis, object, tongue or finger without consent; anal penetration by a penis, object, tongue or finger without consent; and oral copulation without consent (e.g., mouth to genital contact or genital to mouth contact).
Non-Consensual Sexual Contact or the campus policy equivalent to the crime of Sexual Assault
Non-Consensual Sexual Contact or sexual assault is
- any sexual touching (including disrobing or exposure),
- however slight,
- with any object,
- by a man, woman, or transgender(ed) person upon a man, woman, or transgender(ed) person
- without effective consent.
Examples of Non-Consensual Sexual Contact can include, but are not limited to, any sexual contact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another without consent, or touching another with any of these body parts without consent, or making another touch you or themselves with or on any of these body parts without consent.
Sexual Exploitation
Sexual exploitation happens:
- when a student takes non-consensual, unjust or abusive advantage of another for his/her/hir own advantage or benefit,
- or to benefit or advantage anyone other than the one being exploited,
- and that behavior does not otherwise constitute one of the other three sexual misconduct offenses.
Examples of sexual exploitation include, but are not limited to, prostituting another student, non-consensual video or audio-recording of sexual activity, going beyond the boundaries of consent (such as letting your friends surreptitiously watch you having consensual sex), engaging in Peeping Tommery, and knowingly transmitting an STD or HIV/AIDS to another student.
Sexual Harassment
- Any unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature will constitute sexual harassment when such conduct substantially interferes with an individual’s living or studying conditions or creates an intimidating, hostile or offensive environment for that individual. Following or stalking can constitute sexual harassment when someone repeatedly and purposefully engages in any of the behaviors under this definition, and they are directed at a specific person on the basis of their gender.
- Sexual harassment can encompass a wide range of behaviors extending from forcing sexual attention upon an unwilling recipient to the actual coercion of an unwilling person, male, female, or transgender(ed), into a sexual relationship.
- Sexual harassment can include using the telephone or mobile phone, written messages, signs, electronic media, (i.e., computer, e-mail, text messages), or other media to which a person is subjected without invitation or consent.
- Retaliation against an individual for reporting or pursuing a report of sexual harassment or for participating in an investigation is prohibited.
Definition of Terms
Intercourse - Intercourse is not synonymous with penetration. If it were, non-consensual French kissing could meet the definition of oral rape; intercourse is more limited. Intercourse includes vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).
Sexual Touching - Sexual touching is any contact with the breasts, buttocks, 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.
Effective Consent - Effective Consent is informed, freely and actively given, mutually-understandable words or actions, which indicate a willingness to participate in mutually-agreed upon sexual activity. Consent is not effective if it results from the use of physical force, threats, intimidation, or coercion.
Incapacitated Sex - If you choose to drink alcohol or use other drugs, you run the risk of impaired thinking and communication and, oftentimes, confusing sex occurs. Being drunk is never an excuse for violating this policy. To have sex with someone whom you know to be, or should know to be, incapable of making a rational, reasonable decision about a sexual situation is a violation of policy. This includes someone whose incapacity results from the taking of a so-called “date-rape drug.” Possession, use, and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc., is prohibited, and administering one of these drugs to another individual for the purpose of inducing incapacity is an offense of the most serious nature. For reference to the pertinent Iowa Statutes on sex offenses, please see Relevant Iowa Codes at the end of this policy section.
Educational Outcome (Sanction) Statement
- Any student who is determined to have engaged in Non-Consensual Sexual Contact (where no intercourse has occurred) 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 disciplinary infractions.*
- Any student who is determined to have engaged in Non-Consensual Sexual Intercourse may receive an educational outcome (sanction) ranging from suspension to dismissal.*
- Any student who is determined to have engaged in Sexual Exploitation or Sexual Harassment 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 disciplinary infractions.*
* The hearing board or student conduct administrator reserves the right to broaden or lessen any range recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. 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 to the conduct hearing board during sanction deliberations - and only if the student was found responsible for committing the offense.
A violation of this policy may result in suspension or dismissal.
Assurances
Students who believe they have experienced sexual misconduct can expect:
- An investigation and appropriate resolution of all complaints of sexual misconduct 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 alleged sexual misconduct to both on- and off-campus authorities;
- To be informed of the educational outcome (sanction) of any conduct hearing involving sexual misconduct, 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 this is the survivor’s desire;
- To be notified of available student health and counseling services for survivors of sexual assault, both on-campus and in the community;
- Notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault 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 sexual misconduct 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 sexual misconduct 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 campus conduct body;
- 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 body;
- 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 sexual misconduct can expect:
- An investigation and appropriate resolution of all complaints of sexual misconduct 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 sanction of the conduct body, in accordance with the standards for appeal established in the Community Standards and Responsibilities 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 body be removed on the basis of bias;
- To present witnesses to the campus conduct body;
- 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 sexual misconduct 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 sexual misconduct occurring off-campus, if the person being charged and the alleged survivor are both Grinnell College students, and if the impact of the assault 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 sexual misconduct 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 sexual misconduct. It is a violation of College policy to make an intentionally false report of sexual misconduct, 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 sexual misconduct policy, 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 Policy
The Grinnell College community encourages the reporting of sexual misconduct. 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 sexual misconduct to College officials. To encourage reporting, Grinnell College pursues a policy of offering survivors of sexual misconduct limited immunity from being charged for policy violations related to the sexual misconduct 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 sexual misconduct 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 sexual misconduct or sexual harassment 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
- Morning after pregnancy prevention
These exams do not obligate you to file criminal charges; evidence is stored by the police to preserve the chain of evidence.
Grinnell Police Department, 641-236-2350
- Report sexual assault
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.
| Author: Chaplain, Dean of Students |
| Self-Governance Tenets: Responsibility, Respect, Accountability, Awareness |
Rationale:
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