Appendix H:

Sexual Offenses

Sexual offenses occur in epidemic proportions, particularly on college campuses. This is especially true of "date rape" incidents involving college students. The Drake University policy on sexual offenses includes definitions, reporting procedures, prevention suggestions, and University sanctions.

I. Statement of Policy.

Sexual offenses against students, faculty, or staff are criminal acts and are not tolerated at Drake University. It is the policy of the University to provide education to help prevent sexual offenses. Recommended measures include the following:

1. Inform faculty, staff, and students of the procedures for reporting sexual abuse to the Des Moines Police Department and Campus Security.
2. Educate faculty, staff, and students as to the commonsense practices that may enable them to avoid becoming victims of sexual abuse.
3. Assure that Campus Security and University supervisors are aware of their responsibilities, the University's policy, the law, and potential liabilities when sexual abuse occurs.
4. Inform faculty, staff, and students of the counseling services available to victims of sexual abuse.
5. Encourage victims of sexual abuse to help punish perpetrators through use of the criminal courts.
6. Educate faculty, staff, and students to be respectful of the limits expressed or implied by their partners in sexual contact.

II. Definitions.

The following definitions apply throughout this policy.

1. Assault. A person commits an assault when, without justification, the person does any of the following:

1. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act;
2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; or
3. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.

2. Sex Act / Sexual Activity. The term "sex act" or "sexual activity" means any 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 therefor in contact with the genitalia or anus.

3. Incapacitated."Incapacitated" means a person is disabled or deprived of ability, as follows:

1. "Mentally incapacitated" means that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
2. "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.
3. "Physically incapacitated" means that a person has a bodily impairment or handicap that substantially limits the person's ability to resist or flee.

III. Prohibited Conduct

The following conduct is prohibited by Iowa law and Drake University's Student Code of Conduct.

Sexual Abuse

Performing any sex act when the act is performed with the other person in any of the following circumstances:

1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug-inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.
2. The other person is suffering from a mental defect or incapacity that precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
3. The other person is under the age of fourteen.

Assault with Intent to Commit Sexual Abuse

The commission of an assault with the intent to commit sexual abuse, whether or not any injury results to the victim.

Indecent Exposure

Exposing one's genitals to another person or committing a sex act in another's presence for the purpose of arousing or satisfying sexual desires, if the person reasonably should know that the act is offensive to the viewer.

Invasion of Privacy—Nudity

Viewing, photographing, or filming another person in a state of full or partial nudity while the person has a reasonable expectation of privacy, without the person’s knowledge or consent, if the viewing, photographing, or filming is for the purpose of arousing or gratifying the sexual desire of any person.

IV. Procedures for Reporting Sexual Abuse and Other Prohibited Conduct

Reporting to Law Enforcement

Anyone who believes he or she has been the victim of sexual abuse or any other prohibited conduct set forth above is encouraged to contact the Des Moines Police Department at by calling 911 (or 9-911 from a campus phone) as soon as possible following the incident. The Dean of Students' Office or Campus Security can assist and support a student through the process of reporting a sexual offense to the police.

Obtaining Medical Treatment / Preservation of Potential Evidence

Victims of sexual abuse, assault with intent to commit sexual abuse, any sexual offense committed while the victim was incapacitated, or any other sexual offense that results in injury or contact with the bodily fluids of the attacker should receive a comprehensive medical examination as soon as possible after the incident occurs. This is important for two reasons. One is to provide an immediate opportunity to treat medical conditions that may arise as a result of the offense. A victim may also have injuries that are not physically visible. The second reason is to help in the collection of evidence.

To preserve evidence of sexual offenses, when possible, it is best not to shower, wash, douche, eat, or drink until the medical examination has occurred. The victim should also bring the clothes he or she was wearing at the time of the offense to the emergency room in a paper bag.(Even if the victim has showered or did not collect his or her clothes, however, he or she should still go to the emergency room.) Additionally, to the extent possible, any evidence at the crime scene should not be altered until the police have arrived.

In addition to a medical examination, the victim can also receive treatment for the purpose of preventing venereal disease, at the State's expense. The victim may also be able to obtain emergency contraception, HIV prophylaxis and testing, and testing for the presence in the victim's system of date rape drugs, such as Rohypnol ("roofies") or GHB ("liquid ecstasy").

The Dean of Students' Office or Campus Security can assist and support a student through the process of obtaining medical treatment. If, for whatever reason, a victim does not obtain medical treatment, he or she should still report the offense to the police and/or the Dean of Students Office and/or Campus Security.

Counseling and Resources Available to Victims

Victims of sexual offenses can experience emotional as well as physical consequences. Initial reactions vary and may include shock, denial, anxiety, guilt, anger, and self-blame. Drake strongly encourages individuals who have been the victim of a sexual offense to obtain help from a professional counselor as soon as they are ready after the incident occurs. Available resources, many of which are available at no cost to the victim include the following:

• Drake University Counseling Center
  3116 Carpenter Avenue
  Des Moines, Iowa 50311
  (515) 271-3864
• Rape and Sexual Assault Program
  Polk County Crisis & Advocacy Services
  525 SW 5th, Suite H
  Des Moines, Iowa 50309
  Office phone: 515.286.3600
  Crisis line: 515.286.3535
• Iowa Sexual Abuse Hotline
  800.284.7821
• National Sexual Assault Hotline
  800-656-HOPE (4673)
  Online confidential chat with a trained volunteer:
  https://ohl.rainn.org/online.rainn.org/
• First Call for Help
  Dial 2-1-1 (9-1-1-1 from a campus phone) for information and referral for basic health, human services or community resources.

Victims' Rights

Under Iowa law, victims of sexual abuse, or any other sexual offense in which the victim has come into contact with the perpetrator's bodily fluids, have the following rights:

1. The right to ask the court for help with any of the following on a temporary basis:
   1. Keeping the attacker away from the victim, his or her home, and his or her place of work;
   2. Staying at his or her home without interference from the attacker; and
   3. Seeking a no-contact order if the attacker is arrested for sexual assault.
2. The right to register as a victim with the county so as to receive notification as to the status of criminal proceedings against the attacker, and other important information.;
3. The right to file a complaint for threats, assaults, or other related crimes.
4. The right to seek restitution against the attacker for harm to the victim or his or her property.
5. The right to apply for victim compensation.
6. The right to contact the county attorney or local law enforcement to determine the status of your case.
7. The right to request that a law enforcement officer assist with transportation to the nearest hospital for medical treatment;
8. The right to a sexual assault examination performed at state expense.
9. The right to request the presence of a victim counselor at any proceeding related to an assault including a medical examination.
10. The right to request assistance from a law enforcement officer in protecting the victim's, and other affected parties' (e.g., witnesses) physical safety.

Changes in Academic, Living and Work Situations

Upon the request of the victim, the University will make changes to the victim's academic, living, and work situations to the extent such changes are reasonably available.

University's Disciplinary System

In addition to the criminal and civil remedies for sexual offenses under Iowa law, the University has its own disciplinary system that applies to perpetrators of sexual offenses set forth above.

When the Alleged Perpetrator Is a Student at the University

When committed by a student at the University, sexual offenses enumerated above constitute non-academic misconduct under the Student Code of Conduct. The University's Procedures for Punishment of Non-Academic Misconduct apply. See Code of Conduct section III. These Procedures are triggered when a complaint is received by the Dean of Students' Office, when a complaint is received through the Student Life Center in the Olmsted Center, or when the Dean of Students, on his own initiative, commences a disciplinary investigation.

The Dean of Students may take immediate disciplinary action, including suspension of the accused, where there is evidence that the continued presence of the accused on campus poses a substantial threat to students, faculty, staff, or University property. The Dean of Students may pursue a charge of non-academic misconduct against an accused perpetrator of a sexual offense whether or not the victim has elected to "press charges" or otherwise pursue criminal or civil remedies. Ultimately, sexual offenses are punishable by sanctions up to and including expulsion of the perpetrator from the University.

When the Alleged Perpetrator Is an Employee of the University

When committed by an employee of the University, sexual offenses enumerated above constitute violations of the Staff Employment Handbook and/or Drake University Faculty Manual. Such violations are punishable by sanctions up to and including termination of employment. Any such violations should be immediately reported to Venessa Macro, Director of Human Resources, at 515-271-3962 or venessa.macro@drake.edu. Additionally, the Dean of Students' Office or Campus Security can assist and support a student through the process of making a complaint of a sexual offense by an employee of the University.

Victim and Witness Immunity

Drake encourages all victims and witnesses of sexual offenses to report the offense to the police, Campus Security, and/or the Dean of Students' Office. Drake recognizes that victims and witnesses of sexual offenses may be reluctant to report such offenses out of fear that they themselves will be charged with a Code of Conduct violation, such as, for example, underage drinking at the time of the incident.

To encourage reporting under such circumstances, Drake offers immunity from University disciplinary action to students reporting sexual offenses who, at the time of the reported sexual offense, were themselves engaging in conduct that violated University policy, so long as the conduct was not injurious to another's person or property. In such cases, the University may provide referrals to counseling or require educational options, rather than pursuing disciplinary sanctions.

V. Prevention of Sexual Abuse 

There are things you can do to reduce your chances of becoming a victim of a sexual offense.

1. Don't feel obligated to do anything you don't want to. Any person has the right at any time to tell the other person to stop his or her sexual advances. Think in advance how you would react in this situation; it is easier to resist a sexual abuse situation if individuals have thought in advance how they might react. Communicate your sexual and touching limits with the other person. "I don't want to" is always a good enough reason. This is true even if the other person is your friend, acquaintance, girl- or boyfriend, or date. Acquaintance or date rape is rape.
2. Use good judgment with alcohol. Alcohol consumption impairs judgment. Know your limits and stay within them. Not drinking at all is the best prevention. However, being drunk is not an excuse for a sexual assault.  Sex with an individual "passed out" or incapacitated due to alcohol or drugs is rape.
3. Reduce your risk of being victimized by a date rape drug. Don't accept drinks from other people. Open containers yourself. Keep your drink with you at all times, even when you go to the bathroom. Don't share drinks. Don't drink from punch bowls or other large, common, open containers. Don't drink anything that tastes or smells strange. (Sometimes, GHB tastes salty.)
4. Avoid walking alone at night. Drake students living near the campus, taking night classes or studying on campus in the evenings can use Saferide, which transports students from campus to various destinations in the Drake neighborhood. If you walk. stay in well-travelled, well-lit areas and walk with a "buddy" if possible. If you must walk alone, call someone at your destination and tell them when to expect you to arrive. Be aware of your surroundings—look around and avoid walking with both headphones / earbuds in your ears. Walk with confidence, and be assertive—don't let anyone violate your space.
5. Park in well-lit areas and lock the car, even if you'll only be gone a few minutes. Have your key ready to use before you reach the door—home, car, or work.
6. Watch your keys. Don't lend them. Don't leave them. Don't lose them. And don't put your name and address on the key ring. Don't prop open self-locking doors. Lock your door and your windows, even if you leave for just a few minutes.
7. Watch out for unwanted visitors. If someone suspicious is in the residence hall or walking around outside, call security.
8. Know who's on the other side of the door before you open it.
9. Close your curtains, shades, or blinds after dark, and do not dress or undress in front of windows.
10. Trust your instincts. If you feel uncomfortable in your surroundings, leave. If you think you are being followed, move as quickly as possible to a well-travelled area and call 911 or Campus Security.
11. Red security phones with direct lines to Campus Security are located inside and outside of major buildings across the campus. Security phones can be used to report any suspicious activity.

Prepared by the Office of Student Life and approved by the Student Senate Executive Committee on November 10, 1992, Faculty Senate on November 18, 1992, and the Board of Governors on January 30, 1993.

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