You may hear terms relevant to the reporting and resolution of sexual or interpersonal misconduct complaints. The most common terms from the Sexual and Interpersonal Misconduct Policy ("Policy") and the Code of Student Conduct are identified here, along with general definitions of some additional concepts as well as definitions found in the Iowa Code and The Clery Act for reference. In all cases, please see the full policies for complete and additional definitions, and appropriate context.
Adjudication: The process of investigating and resolving formal complaints of sexual or interpersonal misconduct.
Complaint: Making a formal report of misconduct to the University, which will be investigated and adjudicated through the applicable policy and procedure. (Please note an individual can notify the University of misconduct and seek assistance without filing a formal complaint.)
Complainant: An individual who reports that they experienced sexual or interpersonal misconduct through a student, student organization, faculty/staff member, or third party’s conduct and who initiates a complaint against that party through a University policy or procedure.
Policy: In the context of sexual activity, consent means by clear, unambiguous action, agreeing, giving permission or saying “yes” to sexual activity with someone else. Consent is not present if a sexual act is committed through force, threat, intimidation, or against the will of another. Furthermore, an individual cannot give consent if incapacitated from doing so due to the influence of drugs, alcohol, or other condition. (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Iowa Code: no definition (see definition of Sexual Abuse below)
Clery Act: no definition
Policy: Violence committed by a person—
1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
Iowa Code: no specific definition, although included in the definition of Domestic Abuse (below) is the following: "The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault." (Iowa Code §236.2(2)(e))
Clery Act: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:
Disciplinary (or Formal) Hearing: Formal process in which a hearing officer considers the charges of misconduct. The complainant and respondent may attend the hearing and bring a personal representative to advise them.
Policy: An assault under any of the following circumstances:
1. The assault is between family or household members, who resided together at the time of the assault.
2. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
3. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
4. The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Under Iowa law, 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. (Iowa Code § 708.1)
Iowa Code: “Domestic abuse" means committing assault as defined in [Iowa Code] section 708.1 under any of the following circumstances:
(a) The duration of the relationship.
(b) The frequency of interaction.
(c) Whether the relationship has been terminated.
(d) The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement.
A person may be involved in an intimate Interpersonal with more than one person at a time. "Intimate Interpersonal" means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. Iowa Code Section 236.2(4A).
Clery Act: a felony or misdemeanor crime of violence committed:
Incapacitation: Under Iowa law, 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. (Iowa Code § 709.1A)
Interim and Protective Measures: Those steps taken or accommodations made to promote health, well-being, or safety on campus. Interim and protective measures are not sanctions, which are issued after a University adjudication process has occurred. Interim and protective measures may be provided when readily accessible, regardless if a formal University complaint is made or law enforcement is contacted. Some interim and protective measures are mutual in that they may apply to both complainant and respondent.
Interpersonal Misconduct: The University defines interpersonal misconduct as including domestic violence, dating violence, and stalking. (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Medical Amnesty: A University policy in the Code of Student Conduct that allows the University to refer a student to a substance abuse awareness program and/or evaluation rather than issue sanctions for a drug or alcohol violation when the student comes forward for a medical emergency. Exceptions to medical amnesty apply when the conduct is egregious or first discovered by a University official.
Amnesty for sexual and interpersonal misconduct incidents: the University will not pursue disciplinary action for improper use of alcohol or other drugs against a person who reports or makes a complaint in good faith concerning an incident of sexual or interpersonal misconduct, or who participates in good faith in an investigation into an incident of sexual or interpersonal misconduct.
No-Contact order: Can limit or prohibit contact and interaction between individuals.
A University no-contact order is enforced under University policies and procedures and applies only to the campus jurisdiction.
A criminal no-contact order covers a broader jurisdiction and is requested through the Polk County Attorney or the Des Moines Police Department as part of criminal proceedings overseen by a judge.
A civil protective order is available for victims of domestic abuse and, beginning in July 2017 for victims of sexual abuse – a civil order be obtained through the Polk County Clerk of Court by participating in a hearing overseen by a judge. Drake recognizes both criminal no-contact orders and civil protective orders, which should be provided to Drake Public Safety.
No-Trespass Order: Can ban an individual from campus or from certain areas of campus. A University no-trespass order is enforced under University policies and procedures and applies only to the campus jurisdiction. In certain circumstances, violations of no-trespass orders may warrant arrest by the Des Moines Police Department.
Preponderance of evidence: Refers to a standard of proof. A preponderance of the evidence exists when it is more likely than not, or the greater weight of the evidence suggests, a violation occurred. (This is not the highest standard applicable in criminal proceedings, which requires “proof beyond a reasonable doubt.”)
Respondent: The student, student organization, faculty/staff member, or other individual reported to have engaged in misconduct.
Retaliation: When adverse action, including harassment or intimidation, is taken against another because they have engaged in a protected activity, including seeking guidance, filing a complaint, or participating in good faith in an investigation into sexual or interpersonal misconduct.
Sanctions: Disciplinary measures issued at the conclusion of a University investigation and adjudication process. University sanctions may be imposed upon those determined to have engaged in sexual or interpersonal misconduct under applicable university policies and procedures. For employees, sanctions could range from counseling to termination from employment. For students, possible sanctions include expulsion, suspension, non-academic probation, removal from University-owned housing, mandatory counseling, revocation of privileges, restitution, fines, educational or work assignments, or University reprimand.
Sex-Based Harassment (including Sexual Harassment): Unwelcome advances, requests for sexual favors, or other unwelcome verbal or physical conduct aimed at another because of sex when:
Examples of sex-based harassment include, but are not limited to, the following unwelcome behaviors from employees or students of the University or from third parties:
1. name-calling jokes or negative comments about the person’s sex/gender
2. physical intimidation, vandalism or pranks
3. displays of reading materials or pictures containing negative material about a particular sex, including electronic materials. (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Policy: Sexual assault is an extreme form of sexual misconduct ranging from forcible rape to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will. In Iowa, the terms rape and sexual assault fall under the legal definition of sexual abuse, which includes any sex act done by force or against the will of another. Examples of sexual assault under this policy include, but are not limited to the following behaviors when consent is not present:
Iowa Law: The State of Iowa uses the term “Sexual Abuse" rather than Sexual Assault:
Any sex act between persons is sexual abuse by either of the persons when the act is performed with the other person in any of the following circumstances:
Clery Act: is defined as an offense that meets the definition of Rape, Fondling, Incest or Statutory Rape.
Policy: Taking non-consensual sexual advantage of another person, even though the behavior might not constitute one of the other sexual misconduct offenses. Examples can include, but are not limited to, the following behaviors:
Iowa Code: no definition (outside of limited circumstances with counselors or school employees)
Clery Act: no definition
Sexual Misconduct: The University defines sexual misconduct as including sexual assault, sexual exploitation and sex-based harassment (including sexual harassment). (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Policy: A person commits stalking when all of the following occur:
1. The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family.
2. The person has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct.
3. The person’s course of conduct induces fear in the specific person of bodily injury to, or the death of, the specific person or a member of the specific person’s immediate family.
“Course of Conduct” as used in the definition of “Stalking”, means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person. (Sexual and Interpersonal Misconduct Policy; Code of Student Conduct)
Iowa Code: A person commits stalking when all of the following occurs:
Clery Act: is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.