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.
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:
The following definitions apply throughout this policy.
1. Assault. A person commits an assault when, without justification, the person does any of the following:
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:
The following conduct is prohibited by Iowa law and Drake University's Student Code of Conduct.
Performing any sex act when the act is performed with the other person in any of the following circumstances:
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.
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.
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:
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:
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 email@example.com. 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.
There are things you can do to reduce your chances of becoming a victim of a sexual offense.
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.