Sexual Misconduct Policy (Title IX)

Eastern Iowa Community Colleges are committed to fostering an environment in which all members of the college community are safe from sexual misconduct in any form. EICC prohibits sexual misconduct in any form including sexual assault, sexual harassment, sexual exploitation, stalking, domestic violence, dating violence, and retaliation. The College will respond to reports of sexual misconduct as outlined in this policy. These standards apply equally to all individuals regardless of the sex, gender, sexual orientation, gender identity, or gender expression of any of the individuals involved.

This procedure applies to any allegations of sexual misconduct against an EICC student regardless of where the alleged sexual misconduct occurred.

EICC strives to create an environment that will encourage students to come forward if they experience any form of sexual misconduct. The College will work to safe guard the identities and privacy of students who seek help or report the misconduct. There are, however, limits to the confidentiality. Reports describing conduct that is inconsistent with the policy will be promptly and thoroughly investigated. Complaints about violations will be handled discreetly, with facts made available only to those who need to know to investigate and resolve the matter.

The College must also balance the needs of the individual with its responsibility to protect the safety of the college community. Depending on the seriousness of the alleged incident, further action may be necessary, including a timely warning notice. Any such notice would not include information identifying the student.

Options for Assistance


Students may report incidents of sexual misconduct to the following EICC contacts:

Dean of Student Development
Clinton Community College
(563) 244-7002

Dean of Student Development
Muscatine Community College
(563) 288-6001

Dean of Student Development
Scott Community College
(563) 441-4017

EEO/Title IX Coordinator
EICC
(563) 336-3300


Community Resources Include:

Family Resources
24 Hour Regional Iowa Crises Lines-
Sexual Assault- 1-800-228-1625
Domestic Violence- 1-800-373-1043


Ongoing Assistance


There are campus and community resources available to students regardless if a student chooses to report an incident to the college or local law enforcement. Students are encouraged to seek assistance to care for themselves. The college will allow a support person to be available to the student at any stage of the complaint process. Upon request, EICC will change a victim’s academic schedule and may assist to change the victim’s on-campus living arrangements after an alleged sexual misconduct. Such requests may be made to the Dean of Student Development.

Title IX Coordinator


EICC has designated a Title IX Coordinator to oversee the college’s complaint process and any potential investigation involving sexual misconduct.


Definitions

  • Sexual harassment: uninvited and unwelcome verbal or physical behavior of a sexual nature.

  • Hostile environment caused by sexual harassment: Sexual harassment, including sexual violence, creates a hostile environment for a student when the conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the educational program.

  • Sexual Assault: any involuntary sexual act in which a person is threatened, coerced, or forces to engage against their will, or any non-consensual sexual touching of a person.

  • Non-consensual sexual contact: Knowingly touching or fondling a person’s genitals, breasts, thighs, groin, or buttocks, or any other contact of a sexual nature when consent is not present.

  • Non-consensual sexual intercourse: Any penetration of the sex organs, anus, or mouth of another person when consent in not present.

  • Domestic violence: a pattern of behavior which involves violence or other abuse by one person against another in a domestic context. The relationship may include a current or former spouse or intimate partner, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner, or any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction.

  • 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.

  • Unwelcome Conduct: conduct is considered unwelcome if the person did not request or invite it and considered the conduct to be undesirable or offensive.

  • Sexual exploitation: taking sexual advantage of another person for the benefit of oneself or a third party when consent is not present.

  • Stalking: a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.

  • Retaliation: to harass, or otherwise “retaliate” against a person because they filed a complaint or a charge of discrimination.

  • Intimidation: to frighten or threaten someone, usually in order to persuade that person to do something that you want them to do.

  • Consent: consent is agreement or permission. The activity must be voluntary and not obtained by coercion or threats. Consent can only be given by a person who has control of his or her mental and physical capabilities. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.
    Sex without Consent- is sexual assault. The use of force, intimidation, or coercion is a denial of one’s right to give his/her consent.

  • Incapacitation: Consent is not present when an individual is incapacitated due to age, physical condition, or disability that impairs the individual’s ability to provide consent.

 


Reporting Policies and Protocols:


All members of the EICC community are responsible for creating an environment that is free from any form of sexual misconduct. As with any serious crime committed or attempted on college premises, it is the practice of EICC to encourage the victim to report any allegation of sexual misconduct to the proper authorities for investigation. EICC will assist in the reporting process upon request. Section D19 of the administrative procedures manual describes the process and form used for reports. The incident/accident form is used for reporting all injury, damage, loss, accidents, crimes, incidents, etc. Contacting college staff does not mean a student must pursue charges.

As with other incident reporting, contact should be made with the Dean of Student Development or the Title IX Coordinator. The local police department has law enforcement authority for campus crimes. In cases of sexual conduct, it is important that any evidence be preserved as it may be necessary to prove a criminal offense.

Students who experience sexual misconduct are encouraged to seek medical attention as soon as possible. An individual who has been sexually assaulted should not shower, bathe, or change clothes or bedding before seeking medical attention. If the individual chooses to change clothes, those items should not be washed and should be brought when seeking medical attention.

In cases of sexual misconduct, EICC shall consider appropriate disciplinary actions against individuals accused of these offenses conditioned on the facts determined in each case. The procedures are outlined in the EICC Student Code of Conduct, and Student Discipline and Due Process Code. The process allows for both the accuser and accused to have the right to appear alone, with an advisor, or with legal counsel. Both parties will be informed of the outcome.

Sanctions that may be imposed following the final determination are listed in Chapter 5-500 “Disciplinary Penalties” of the EICC Student Discipline and Due Process Code.

Individuals who witness or become aware of situations of misconduct are encouraged to report the situation to the Dean of Student Development or the Title IX Coordinator.

EICC prohibits retaliation against any individual for making a complaint, assisting another in making a compliant, or participating in an investigation under these policies. Any individual experiencing any actions that may be retaliatory in nature should immediately report it to the Dean of Student Development or Title IX Coordinator.

EICC will not pursue disciplinary action for improper use of alcohol or other drugs against a student who reports in good faith an incident of sexual misconduct or who participates in an investigation.

EICC encourages prompt reporting of complaints and information regarding sexual misconduct. While no time limit for reporting has been established, prompt reporting will allow the college to respond to any allegations. The College will not be able to pursue disciplinary action against students who are no longer enrolled at the College.

EICC will conduct a prompt investigation of all reports of sexual misconduct. An attempt will be made to complete investigations within 60 days of the report. The timeline for the final resolution will be based on the complexity of the investigation.

Investigation Procedures and Protocols:


Initial Response: Upon receiving a report of alleged sexual misconduct, the Dean of Student Development will schedule a meeting with the reporter to review the policy and identify needed support or accommodations for the individual. The Dean of Student Development will determine the next steps which may include further investigation or no further action.

The Title IX Coordinator will be notified of the report and recommended steps.

The Dean of Student Development may take interim action for the safety of students and to ensure the integrity of the investigation. Such actions may include interim suspension of the accused student or no contact notice between the individuals involved. Necessary accommodations may be made and may include adjustments to academic and/or work schedules, adjustments to on-campus housing arrangements, and assistance with other academic concerns (absences, missing assignments, grades, leave of absence, and withdrawal from classes).

After a complaint has been made, the Dean of Student Development and the Title IX Coordinator will determine the best individual to conduct the investigation. This may be an EICC staff member or an individual hired to conduct the investigation. The investigator serves as a neutral individual whose intent is to gather facts. Interviews will be conducted with the complainant, the accused student(s) and third party witnesses. The complainant as well as the accused student(s) may have an advisor with them at all times.

After conducting the investigation, a report will be submitted to the Title IX Coordinator and shall include a summary of all interviews and a recommendation to continue with discipline or to dismiss the complaint. The Title IX Coordinator will make the final decision as to the next step(s).

The report will be distributed to the complainant and the accused student(s) as well as to the Dean of Student Development and the Title IX Coordinator.

The Disciplinary Procedures are outlined in the Student Handbook.

Should either the complainant or the accused student(s) wish to appeal the decision, the steps for the appeal are outlined in Chapter 3-300 in the Student Handbook.

Prevention and Education:


EICC encourages students to be responsible for their safety. During the College Orientation students are provided information regarding sexual misconduct policies and procedures. Additionally, students are emailed information regarding sexual misconduct each semester enrolled at the college.

Programs to promote awareness of sexual misconduct, preventative measures, and available resources are sponsored at various times of the year on each campus. 7/2015

Referral Resources


Victims of sex offenses may contact the Dean of Student Development for advice and/or referral.


Resources to Assist Accomodation


Upon request, the EICC will change a victim’s academic situation, and may assist with a victim’s living situation after an alleged sex offense occurs. The victim will request these changes through the Dean of Student
Development or the Ancillary Services Office, and an effort will be made to accommodate the request if changes are reasonably available.