Sexual Misconduct: The University defines Sexual Misconduct as including Sexual Assault, Sexual Exploitation and Sex-Based Harassment (including Sexual Harassment) as each term is defined below.
Sexual Assault: 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:

• Sexual intercourse (vaginal, anal, oral )
• Oral sex
• Rape or attempted rape
• Penetration of an orifice (anal, vaginal, oral) with the penis, finger, or other object
• Unwanted touching of the genitals, buttocks, breast, or other body part
• Coercion or force to make someone else touch one’s genitals, buttocks, breast, or other body part
• Engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol, or other condition
• Inducing consent through drugs or alcohol
• Ejaculation onto the person of another
  

Consent: The term “consent,” in the context of sexual activity, 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 Exploitation: Sexual exploitation involves 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:

• Distribution or publication of sexual or intimate information about another person without consent
• Electronic recording, photographing, or transmitting sexual or intimate utterances, sounds, or images without knowledge and consent of all parties
• Engaging in indecent exposure
• Sexual intimidation - Sexual intimidation is an implied or actual threat to commit a sex act against another person, or behavior used to coerce participation in a sex act
• Stalking - Stalking may take many forms including persistent calling, texting, or Internet posting, as well as physical stalking, when the context of the communication or the nature of the stalking is of a sexual or intimate nature
• Voyeurism - Voyeurism involves either secretive observation of another's sexual activity or secretive observation of another for personal sexual pleasure
  

Sex-Based Harassment (including Sexual Harassment): Sex-based harassment is defined as unwelcome advances, requests for sexual favors, or other unwelcome verbal or physical conduct aimed at another because of sex when:

• Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or status in a course, program or activity;
• Submission to or rejection of such conduct is used as a basis for an employment or educational decision affecting an individual, or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or of creating an intimidating, hostile, or offensive environment for work or learning. 
  

Interpersonal Misconduct: The University defines Interpersonal Misconduct as including Domestic Violence, Dating Violence, and Stalking as each term is defined within this document.

Domestic Violence: 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.

Dating Violence: 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:
(a) The length of the relationship.
(b) The type of relationship.
(c) The frequency of interaction between the persons involved in the relationship.

Stalking: A person commits stalking when all of the following occur:
1. The person purposefully engages in a course of conduct6 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.

Retaliation: Retaliation occurs when action is taken against another because they have sought guidance, filed complaint or participated in an investigation into Sexual or Interpersonal Misconduct. Examples of retaliation include, but are not limited to, any action that has an adverse impact on the complainant’s employment, compensation or work assignments, or, in the case of students, grades, class selection or any other matter pertaining to student.