Sexual Misconduct, Sexual Assault, Sexual Harassment, Stalking, and Intimate Partner Violence Involving Students

Effective: March 30, 2009
Updated/Revised: February 15, 2018 
Contact: Division of Student Affairs; Office of Equal Opportunity 

Introduction 
Policy Statement
Scope of Policy
Resources and Reporting Options

-- Campus Reporting Resources (respect privacy but not confidential)
-- Law Enforcement Resources (respect privacy but not confidential)
-- Confidential / Privileged Resources
-- Campus Confidential Resources
Procedures, Applications, and Guidance

Introduction

Iowa State University is committed to creating a welcoming and respectful educational, work, living, and campus environment that is free from all forms of sex and gender discrimination, harassment, and violence. All members of the university community are prohibited from engaging in such prohibited conduct that violates law or policy. The university will respond promptly and effectively to reports of prohibited conduct and will take appropriate action to stop, eliminate, remedy, and prevent prohibited conduct. The university provides comprehensive support, education, and reporting mechanisms to all members of the university community to address these critical issues. 

This policy and the accompanying procedures, applications, and guidance document (collectively referred to hereafter as the “Policy”) defines prohibited conduct, sets forth the services and resources available to community members, and explains the internal administrative procedures the university uses to investigate and respond to reports of prohibited conduct. As detailed in the Policy, the university provides a fair and impartial investigation and resolution process for complaints filed under this Policy and, where appropriate, administers remedial measures and disciplinary action. The severity of any disciplinary action, up to and including termination or expulsion of persons found responsible for violating this Policy, depends upon the totality of the circumstances surrounding the matter. top

Policy Statement 

Iowa State University (“ISU” or the “university”) does not tolerate sexual misconduct, sexual assault, sexual exploitation, sexual and/or gender-based harassment, sexual intimidation, intimate partner violence, stalking, retaliation, or complicity in any of these acts. These unacceptable behaviors are collectively referred to as “Prohibited Conduct” and defined within this Policy. Individuals who alone, or in concert with others, participate or attempt to participate in Prohibited Conduct will be subject to disciplinary action by the university, up to and including expulsion or termination, notwithstanding any action that may or may not be taken by civil or criminal authorities. The university may also impose interim measures prior to the conclusion of any investigation or adjudication to ensure continued access to university programs and activities and to protect individual and campus safety.

It is the policy of ISU to provide an educational, working, living, and campus environment for its students, faculty, staff, and visitors that is free from Prohibited Conduct. In accordance with federal, state, and local law, the university will not tolerate Prohibited Conduct and will take any and all reasonable action to stop, prevent, eliminate, and remedy Prohibited Conduct.

ISU strongly urges students, faculty, staff, and third parties to promptly report all incidents of Prohibited Conduct as provided in this Policy. Responsible Employees of the university (as defined on page 22 of the Procedures, Applications, and Guidelines) are required to promptly report incidents of Prohibited Conduct. ISU will respond in a reasonable manner to all reports of Prohibited Conduct.  As described in this Policy, in appropriate cases, ISU will conduct a prompt, fair, and impartial investigation and adjudication of complaints and, where appropriate, issue interim and/or final remedial measures. The standard of evidence that will be used in investigating and adjudicating complaints made under this Policy is the "preponderance of the evidence" standard (as defined on page 11 of the Procedures, Applications, and Guidelines). This standard is met if the reported conduct is deemed more likely to have occurred than not. top

Retaliation against anyone who makes a good faith report under this Policy, who opposes in a reasonable manner an act believed to constitute a violation of this Policy, or who participates in an investigation or adjudication under this Policy, is strictly prohibited. All ISU students, employees, and campus community members have access to “Confidential Resources” that they may use for support and guidance regardless of whether they make a report to the university or participate in a university or law enforcement investigation.  

In addition to violating university policy, Prohibited Conduct described in this Policy may also constitute criminal activity. Individuals who have experienced Prohibited Conduct are strongly encouraged to contact law enforcement authorities. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by law enforcement authorities. Normally, individuals may inform law enforcement authorities about Prohibited Conduct and discuss the matter without making a criminal complaint. However, in cases of domestic violence (as defined in Iowa Code § 236.2), law enforcement authorities are mandated to make an arrest of the primary physical aggressor when there is sufficient evidence of an assault and a physical injury has occurred.

The university will make this Policy and related educational opportunities readily available to all students and other members of the university community. Specifically, the university provides initial and appropriate follow-up training to all students and employees regarding Prohibited Conduct and special training for all members of the university community who work to prevent and respond to incidents of Prohibited Conduct. In addition, the Division of Student Affairs, the Office of Equal Opportunity, the Department of Public Safety, and various community resources identified in this Policy, offer educational trainings and information upon request. The university encourages all members of the campus community, but especially students and student organizations, to take advantage of this educational programming and to learn more about this Policy. By engaging as active and responsible community members, all members of the university community contribute to a respectful, safe, and inclusive environment. top

Scope of Policy

This Policy protects and governs the behavior of all persons who are students of or admitted to ISU at the time of the alleged policy violation.  As such, the term “student” as used in this Policy includes admitted students. 

This Policy and the procedures described herein apply anytime a student, faculty member, employee, or third-party reports possible Prohibited Conduct reportedly committed by an ISU student.  Recognized student and campus organizations may be held responsible for violating this Policy in accordance with the Student Disciplinary Regulations (SDR 4.1.7).  Even when the reported perpetrator is not an ISU student or affiliated with the university in any way, the university can provide appropriate resources and support to impacted parties, and where appropriate, refer complaints to other institutions.

On-campus and Off-campus conduct: This Policy applies to both on-campus and off-campus conduct, as described below:

On-campus violations – This Policy forbids Prohibited Conduct anywhere on campus. “Campus” includes university-owned, -leased, or –controlled property, as well as the streets and pathways immediately adjacent to and accessible from campus. It also includes the property owned, leased, or controlled by organizations officially recognized by the university, including university housing and university-recognized housing. University housing includes all types of university residence housing, such as halls and apartments. University-recognized housing includes fraternity and sorority chapter dwellings.

Off-campus violations – In addition to incidents that occur on campus, the university may investigate and take remedial action, including disciplinary action, in response to incidents that take place off-campus, including incidents that take place during official functions of the university, or incidents that affect a clear and distinct interest of the university regardless of their location. Off-campus conduct that may affect a clear and distinct interest of the university includes, but is not limited to: conduct in connection with an academic course assignment, internship, practicum, field trip, study abroad program, student teaching, research, or other university activity; conduct in connection with any activity sponsored, conducted, or authorized by the university or by a recognized student or campus organization; conduct facilitated by the use of university-owned or provided technology resources; and/or where the conduct is directed at a university student, employee, affiliate, applicant for admission to or employment with the university, or otherwise contributes to the creation or continuation of an unsafe, discriminatory, or hostile environment on campus.

Timeliness:  To promote timely and effective review and response, the university strongly encourages individuals to come forward as soon as possible with their inquiries, reports, and complaints relating to Prohibited Conduct and to seek assistance from the university. Delays in reporting may impact the university’s ability to respond fully to the matter, including pursuing disciplinary action.  However, there is no strict period of limitations for notifying the university of Prohibited Conduct, and individuals are encouraged to seek assistance from the university at any time regardless of how much time has elapsed. The university may also assist individuals in contacting law enforcement authorities at any time. Responsible Employees are required to promptly report incidents of Prohibited Conduct to the university’s Title IX Coordinator or a Deputy Title IX Coordinator. top

Resources and Reporting Options

In an emergency call 911. 24/7 crisis support is available at 1-800-203-3488 (ACCESS Hotline).

A summary of the resources and services available to parties reporting Prohibited Conduct is available at https://iastate.app.box.com/s/f4fuu2zpytytul1a2dq3bbwtsmvxowfd  

A summary of the resources and services available to parties accused of Prohibited Conduct is available at https://iastate.app.box.com/s/lkyux5d196y37kub6epf6obbumshgokm 

ISU offers a range of resources to students, faculty, staff, and community members dealing with incidents of Prohibited Conduct. Individuals have many options, including seeking assistance and guidance from confidential resources, contacting and making a report with local law enforcement authorities, and/or contacting and making a report with appropriate university officials.  These resource and reporting options are detailed below, and identified as either campus reporting resources, law enforcement resources, confidential/privileged resources, or campus confidential resources.  Additional information regarding privacy and confidentiality may be found in the online Procedures, Applications, and Guidelines document.

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Campus Reporting Resources (respect privacy but not confidential)

The university encourages all individuals to report potential incidents of Prohibited Conduct and violations of this Policy to the university’s Title IX Coordinator who works within the Office of Equal Opportunity.  Individuals can make a report and/or seek guidance from the Title IX Coordinator and Office of Equal Opportunity staff in person, by telephone, by email, or online. 

Title IX Coordinator – Margo Foreman
Office of Equal Opportunity

Coordinates the university’s comprehensive response to incidents of Prohibited Conduct
3410 Beardshear Hall
515-294-7612
Hotline: 515-294-1222
eooffice@mail.iastate.edu 
mforeman@iastate.edu 
http://www.eoc.iastate.edu/ 

The Title IX Coordinator may delegate responsibilities under this Policy to designated administrators or external professionals, who will have appropriate training and experience. When used in this Policy, the term Title IX Coordinator may include a Deputy Title IX Coordinator and appropriate designees.

In addition to the Title IX Coordinator and the Office of Equal Opportunity, individuals may report Prohibited Conduct and/or seek guidance from these university offices:

Office of Student Assistance
Provides assistance in navigating processes and procedures at the university, and helps administer support and resources to students 
1010 Student Services Building, First Floor
515-294-1020
studentassistance@iastate.edu 
http://www.studentassistance.dso.iastate.edu/

Office of Student Conduct
Provides information on the student code of conduct and adjudication processes, and information regarding restricted contact notices 
1010 Student Services Building, First Floor
515-294-1020
http://www.studentconduct.dso.iastate.edu/

In addition to the Title IX Coordinator and the offices identified above, individuals may report Prohibited Conduct and/or seek guidance from university Deputy Title IX Coordinators:

Senior Deputy Title IX Coordinator – Adrienne Lyles
Associate Director of Equal Opportunity
Phone: 515-294-0044
Email: alyles@iastate.edu 

Deputy Title IX Coordinator for Academic Affairs – Dawn Bratsch-Prince
Associate Provost 
Phone: 515-294-6410 
Email: deprince@iastate.edu  

Deputy Title IX Coordinator for Student Affairs – Sara Kellogg
Director of Office of Student Conduct 
Phone: 515-294-1021 
Email: skellogg@iastate.edu  

Deputy Title IX Coordinator for Athletics – Patrice Marie Ayeni 
Senior Associate Director of Athletics 
Phone: 515-294-0531 
Email: pfeulner@iastate.edu  

Deputy Title IX Coordinator for the Graduate College – Judith Strand 
Program Coordinator 
Phone: 515-294-5285 
Email: jstrand@iastate.edu 

Deputy Title IX Coordinator for the College of Veterinary Medicine – Monica Howard
Director of Student Programs, College of Veterinary Medicine
2270B Vet Med
1800 Christensen Drive
Phone: (515) 294-0391
Email: mohoward@iastate.edu

Deputy Title IX Coordinator for Staff – Samone Whitfield
Program Coordinator
Phone: 515-294-2280
Email: smyork@iastate.edu 

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Law Enforcement Resources (respect privacy but not confidential)

Individuals who have experienced Prohibited Conduct have the right to report, or decline to report, such conduct to law enforcement.  Consistent with its objective to stop, eliminate, remedy, and prevent Prohibited Conduct, ISU strongly encourages individuals to report such conduct to law enforcement as soon as possible.  Expedited reporting may be critical in collecting and preserving any physical evidence. In addition, law enforcement have unique authorities, including the power to execute search warrants, collect forensic evidence, make arrests, and assist in acquiring legal protective orders. University processes and law enforcement processes operate independently of one another, although the university coordinates responses with the ISU Police Department. Upon request, the university will assist individuals in contacting law enforcement and may assist in seeking legal protective orders.     

Campus and local law enforcement authorities include:

Iowa State University Police Department 
Assistance in emergency situations, help in exploring and filing criminal charges, and assistance in navigating the criminal process for on-campus incidents
Armory Building, Room 55
Emergencies: 911
Non-Emergencies: 515-294-4428
http://www.police.iastate.edu

City of Ames Police Department 
Assistance in emergency situations, help in exploring and filing criminal charges, and assistance in navigating the criminal process for off-campus incidents 
515 Clark Avenue, Ames, Iowa
Emergencies:  911
Non-Emergencies:  515-239-5133
http://www.cityofames.org/index.aspx?page=156 

Story Country Attorney’s Office
Assistance in exploring and filing criminal charges, assistance in navigating the criminal justice process and court procedures, and victim/witness assistance
Ames Office
126 S. Kellogg
Suite 203
Ames, IA 50010
515-232-4185
http://www.storycountyiowa.gov/index.aspx?NID=90 

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Confidential / Privileged Resources

Under Iowa law and university policy, communications with certain individuals are considered confidential and/or privileged.  This means that, with very limited exceptions, confidential resources may not and will not disclose information shared with them to anyone. Generally, confidentiality and/or privilege apply when a party seeks professional services from the following persons:

  • Psychological and mental health counselor, including counselors at ISU Student Counseling Services, as defined by Iowa Code § 228.8 and 622.10
  • Health care provider, including medical professionals at ISU Thielen Student Health Center, as defined by Iowa Code § 622.10
  • Victim counselor/advocate, including advocates from ACCESS as defined by Iowa Code § 915.20A
  • Personal attorney, as defined by Iowa Code § 622.10
  • Religious/spiritual advisor, as defined by Iowa Code § 622.10

Individuals should always confirm whether confidentiality/privilege applies to their communication and the scope of any confidentiality/privilege with the individual with whom they are seeking professional services.  Exceptions to confidentiality may be made in cases involving imminent threat to the safety of the individual or others, or the information concerns conduct involving suspected abuse or neglect of a minor child under the age of 18. top

At ISU and in the local community, the following resources are designated Confidential / Privileged Resources:

ACCESS (Assault Care Center Extending Shelter & Support) 
Provides assistance and advocacy to victims of sexual abuse and domestic violence
Ames, Iowa (and other locations throughout Iowa)
Sexual Assault Crisis Line (24/7):  515-292-5378 or Toll Free 800-203-3488
Domestic Abuse Crisis Line (24/7):  515-292-0519 or Toll Free 855-983-4641
Housing/Sheltering Crisis Line (24/7):  515-292-0543 or Toll Free 855-696-2980
https://www.assualtcarecenter.org   

ISU Student Counseling Services 
Provides counseling and mental health services to all ISU students free of charge 
Student Services Building, Third Floor
515-294-5056
http://www.counseling.iastate.edu/counseling  

ISU Thielen Student Health Center
Provides general medical treatment and psychiatry services to all students
2647 Union Drive, Iowa State University 
515-294-5801
http://www.cyclonehealth.org/

Mary Greeley Medical Center
Provides emergency medical treatment and in-patient services
1111 Duff Avenue, Ames, Iowa
515-239-2011
http://www.mgmc.org 

Student Legal Services
Provides legal advice and assistance to students in a variety of areas. Not able to represent students in controversies involving the university or other ISU students, but may help students connect to other resources
Memorial Union, Office 0367
515-294-0978
http://www.studentlegal.dso.iastate.edu/   

The Legal Aid Society of Story County
Provides legal assistance in civil matters to individuals who cannot afford to hire an attorney in private practice
937 6th Street, Nevada, Iowa 50201
515-382-2471
http://www.legalaidstory.com/ 

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Campus Confidential Resources

By designation of university policy, Campus Confidential Resources are not obligated to report Prohibited Conduct to university administrators involved in investigating and adjudicating incidents of Prohibited Conduct.  By speaking with Campus Confidential Resources, individuals agree that the Campus Confidential Resource will not disclose the contents of their conversation, disclose personally identifiable information, or testify in any formal university proceeding, unless given express written permission by the individual to do so.  This agreement promotes access to resources and support, and helps provide a safe and neutral place for discussing and navigating concerns of a sensitive nature.  

Exceptions to confidentiality may be made in cases involving imminent threat to the safety of the individual or others, or the information concerns conduct involving suspected abuse or neglect of a minor child under the age of 18.  In addition, Campus Confidential Resources are not protected under Iowa law as confidential or privileged. This means that information shared with a Campus Confidential Resource may be subject to legal subpoena and/or used as evidence in any external judicial or administrative proceeding.  Individuals should always confirm whether confidentiality applies to their communication and the scope of any confidentiality with the individual with whom they are seeking services. top

ISU has designated the following two offices and their staff members as Campus Confidential Resources:

Center for LGBTQIA+ Student Success
Provides programs, services, referrals and resources focused on sexual orientation and gender identity/expression for students at Iowa State University.
Student Services Building, Office 1064
515-294-5433  //  http://center.dso.iastate.edu/ 

Margaret Sloss Women’s Center (MSWC)
Provides support and information through educational outreach, appropriate referral services, and a safe space 
Sloss House on the ISU Campus
515-294-4154  //  http://www.mswc.dso.iastate.edu/ 

Individuals wishing to remain anonymous to all university personnel can make a report through the university’s discrimination, harassment, and assault hotline at 515-294-1222, or through an anonymous email account to eooffice@iastate.edu.  It is important to note that electing to remain anonymous may greatly limit the university’s ability to stop the reported conduct, collect evidence, and take effective action against individuals or organizations accused of violating this Policy. Generally, formal disciplinary action is not feasible based solely on an anonymous report. In addition, anonymous reporting does not satisfy a university Responsible Employee’s duty to report Prohibited Conduct to a Title IX Coordinator. top

Concerns about the university’s application of this or other non-discrimination related policies, Title IX, and/or the Clery Act may be addressed to the university’s Compliance and Ethics Hotline (at 515-294-7119); the university’s Office of Equal Opportunity (at 515-294-7612 or eooffice@iastate.edu); the United States Department of Education, Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education, Office for Civil Rights (at OCR@ed.gov or 1-800-421-3481); the United States Equal Employment Opportunity Commission (at info@eeoc.gov or 1-800-669-4000); and/or the Iowa Civil Rights Commission (at 1-800-457-4416).   

Procedures, Applications, and Guidance

For important guidelines and procedures on the application of the Sexual Misconduct, Sexual Assault, Sexual Harassment, Stalking, and Intimate Partner Violence Involving Students policy, see the online Procedures, Applications, and Guidelines document. 

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Resources