ES4631 - Sex Offenses and Offenders
Section: EDUCATIONAL SERVICES PROCEDURES
SubSection: STUDENT RIGHTS, APPEALS AND FERPA
Master List Section: Student Services
- Institutional Regulation
- The Iowa Code Section 260C.14 (18), requires the Board of Directors of each Iowa Community College to establish policies relating to sexual abuse. Hereinafter, these terms will be collectively referred to as “sex offenses.”
- Sexual abuse/assault: Any sex act between persons is sexual abuse by either of the participants when the act is performed with the other participant in any of the following circumstances:
- 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.
- Such other participant is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
- Such other participant is a child. (Iowa Criminal Code, Chapter 709.1)
- Dating violence: 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 a consideration of the following factors:
- The length of the relationship;
- The type of relationship;
- The frequency of interaction between the persons involved in the relationship. (42 U.S.C. § 13295(a)).
- Domestic violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under federal, state, or local domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s acts under federal, state, or local domestic or family violence laws.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for his or her safety or the safety of others, or
- Suffer substantial emotional distress.
- Consent: Consent is defined as clearly communicating agreement or permission to participate in sexual activity. The consenting individuals must act freely and voluntarily and have knowledge of the act involved. Such consent may be withdrawn at any time, without regard to the preceding activity. A current or previous relationship, or past consent, is not sufficient to constitute consent. Consent may not be inferred from silence or passivity. Consent is voluntary, affirmative and clear. Consent cannot be given when a person is incapacitated (such as due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual disability that prevents an individual from having the capacity to give consent). Coercion, force, or threats invalidates consent. (See Iowa Code § 709.1).
- In accordance with the Campus Sex Crimes Prevention Act of 2000, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics (Clery Act) and the Family Educational Rights and Privacy Act (FERPA), DMACC provides information about where law enforcement information concerning sex offenders may be obtained.
- In accordance with Campus Sexual Assault Victims’ Bill of Rights [Public Law 102.325, Section 486(c)], DMACC staff will provide information concerning the victim’s rights during the first contact with the victim.
- Des Moines Area Community College shall not engage in or allow discrimination covered by law. This includes harassment based on race, color, national origin, creed, religion, sex (including pregnancy and marital status), sexual orientation, gender identity, age, disability and genetic information. Veteran status in educational programs, activities, employment practices, or admission procedures is also included to the extent covered by law. A student may file a formal complaint through the ES4645Discrimination and Harassment Compliant Procedure. Complaint forms may be obtained from a DMACC Counselor, Provost, or the Judicial Officer. For information regarding the ADA, the Section 504ADA Coordinator can be contacted at 515-964-6857.
- Prohibited conduct under this Policy also includes attempting or aiding in the commission of a sexual offense or retaliating against another for exercising his/her rights under this Policy.
- Procedure Regarding Sex Offenses
- All DMACC students and visitors who are victims of sexual abuse/assault, domestic violence, dating violence, or stalking, shall be encouraged to report incidents that occur on DMACC property or at DMACC sponsored functions. If a DMACC student or employee witnesses a sexual assault on DMACC property or at a DMACC sponsored function, he/she should report the incident. Reports shall be made to the following officials:
- Ankeny Campus, Security Department, 515.964.6500-Cellular Phone 24-hours a day or 964.6816- 7:00 a.m.-4:00 p.m. Monday through Friday.
- Ames Hunziker Center, Site Director, 515.663.6708
- Boone Campus, Provost, 515.433.5020
- Carroll Campus, Provost, 712.792.8308
- Newton Campus, Provost, 641.791.1721
- Urban Campus, Campus Safety Officers, ex 7200 on campus or 515.248.7200 or Provost Office, 515.248.7206
- West Campus, Provost ,515.633.2439
- Southridge Center, Executive Director, 515.287.8701
- Transportation Institute, Executive Director, 515.965.7450
- Perry Center, Director, 515.428.8120
- Evelyn Davis Center, Director, 515.248.7206
- Capitol Center, 515.248.7206
- The victim and the individual to whom the incident was reported are encouraged to visit with DMACC Security personnel and/or complete a DMACC Incident Report. DMACC Counselors, who due to confidentiality may not able to complete an incident report, will make the victim aware of his/her right to submit a DMACC Incident Report. The victim will be provided a copy of the Campus Sexual Assault Victims’ Bill of Rights.
- If the victim agrees, the DMACC official shall assist the victim in making arrangements with local police departments to initiate an investigation and stress that testing should be performed immediately. DMACC officials will inform the victim of the importance of preserving evidence as may be necessary in proof of the sexual assault, domestic violence, dating violence, or stalking, including testing for possible date-rape drugs. Information provided during confidential discussions shall remain confidential to the extent possible.
- DMACC officials will offer the victim an on-campus/off-campus advocate who will assist the victim in locating and connecting with on and off-campus counseling resources. The victim will be provided with a DMACC Consent for Advocacy form (Form ES4631) to be completed.
- If requested by the victim, DMACC officials will assist the victim in changing academic, living, transportation, and working conditions after an alleged sexual assault incident, if such changes are reasonably available and within the control of DMACC. If DMACC Security is provided (Ankeny & Urban Campuses), the victim will be offered escorts to and from classes, if desired. Such changes will not be required of the victim, and shall not be an alternative to enforcement of such changes on the perpetrator, either as an Interim Action or as a result of a final disciplinary action pursuant to ES4630 .
- DMACC will ensure that the victim’s confidentiality protected to the extent possible by law. DMACC shall edit or redact publicly-available record keeping to remove identifying information about the victim to the extent possible by law.
- DMACC will comply with all known orders of protection, no contact orders, restraining orders, or similar lawful orders issued by criminal, civil, or tribal courts. Students should notify and provide a copy of such an order to the DMACC Security Office, 2006 S. Ankeny Blvd, Building 12, Ankeny, IA 50023, [fax] 515.965.6003, [email] firstname.lastname@example.org.
- The College will not pursue disciplinary action for improper use of alcohol or other drugs against a student who reports or makes a complaint in good faith concerning an incident of Sexual Misconduct, or who participates in good faith in an investigation into an incident of Sexual Misconduct.
- Sexual Offenders
- Iowa law requires a person who has been convicted of certain sex offense crimes to register with the Sheriff in the County in which he/she resides. In addition, if he/she attends or works at an institution of higher education, he/she is required to register with the Sheriff in the County in which the institution is located.
- Community members wanting information regarding persons in the State of Iowa who have been convicted of a sex offense crime may visit http://www.iowasexoffender.com.
- In accordance with Iowa law, persons whose names appear on any state sex offender registry are not allowed to live in apartments located on DMACC property or managed by DMACC.
- Counseling Services
- Students who have been subject to sexual abuse/assault, domestic violence, dating violence, or stalking are encouraged to contact a DMACC counselor. Additional information can be found at: http://go.dmacc.edu/counseling/pages/welcome.aspx. Information about community resources can be found at: http://www.dmacc.edu/Counseling/resourceguide.pdf.
- Students who have been subject to sexual abuse/assault, domestic violence, dating violence, or stalking are encouraged to access resources and services through the Iowa Sexual Abuse Hotline (ISAH) (1.800.284.7821) which is Iowa’s statewide 24-hour hotline for survivors of sexual abuse, their friends and family, and people concerned about the effects of sexual violence. Information can be found at: http://www.rvap.org/pages/iowa_sexual_abuse/. The ISAH, funded by a grant from the Department of Justice Crime Victim Assistance Program, is a place for callers to find a supportive listener and receive referral information.
- Students and employees are invited to attend a variety of educational programs addressing sex offenses including: the awareness of rape, acquaintance rape, sexual assault, domestic violence, dating violence, or stalking and other forcible and non-forcible sex offenses presented by various college departments throughout the academic year. In addition, statistics on sexual abuse shall be distributed annually to students.
Education programs offered by the college shall include, but are not limited to, prevention and awareness for all incoming students.
- Disciplinary Actions for Sexual Offenses
- In cases of an alleged sexual assault in which the accused is a student, the disciplinary procedure outlined in the DMACC Student Conduct/Discipline Procedure (ES4630 ) will be followed: https://go.dmacc.edu/studentconduct/pages/welcome.aspx. DMACC will ensure a prompt, fair, and impartial investigation and resolution, which shall be conducted by DMACC officials who receive annual training on issues relating to domestic violence, dating violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- The standard of evidence used in determining any disciplinary action under this policy shall be whether the preponderance of the evidence indicates that a violation of this policy occurred. Possible sanctions following a final determination may include, but are not limited to, written reprimand, conduct probation, educational sanctions, suspension, or expulsion from the College.
- In cases of an alleged sexual assault in which the accused is a DMACC employee, the disciplinary procedure outlined in DMACC HR Procedure HR3235 - Discipline and Discharge will be followed: https://go.dmacc.edu/hr/documents/hrpp/hr3235.pdf.
- If applicable, both the accuser and the accused will have the right to have a support person or advisor of their respective choice present during a disciplinary hearing.
- If applicable, simultaneous written notification will be sent to both the victim and the accused of the outcome of the disciplinary hearing, including procedures for appealing the results of the proceeding, any change to the results of the hearing that occurs prior to the time the results become final, and when the results of the hearing will become final.
SA 511 - Student Conduct
SA 515 - Campus Crime/Sexual Abuse
Adopted: May 27, 2009
February 1, 2016
May 11, 2022 - Cross-referenced to Policy SA511.
May 16, 2022 - Cross-referenced to Policy SA515.
Related Form: https://infopath.dmacc.edu/security/default.aspx
Note: Sexual Assault Bill of Rights
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