Sanctioning Guidelines for Sexual Assault

General

The University of Iowa strives to create a respectful, safe, and non-threatening environment for its students, faculty, staff, and lawful visitors. The policy on Sexual Misconduct Involving Students sets forth resources available to students, describes prohibited conduct, and establishes procedures for responding to sexual misconduct incidents. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, threats, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation

When a student is found responsible for sexual assault, one form of prohibited sexual misconduct, the following sanctioning guidelines will be utilized. In all cases the sanctions assigned to a student found responsible will depend on the full context in which the offense takes place. The Dean of Students is expected to use judgment in applying sanctioning guidelines.

Offenders who commit multiple offenses in a single episode can expect to be assigned more severe sanctions than they would have been assigned had they committed fewer offenses. Repeat offenders can expect to be assigned more severe sanctions than if they did not have the prior offenses. These guidelines address status sanctions. In some cases additional sanctions (e.g., educational sanctions) may be assigned.

Sexual Assault Sanctioning

Sexual assault is one form of sexual misconduct. Students who commit sexual assault, as defined in the university policy on Sexual Misconduct Involving Students will experience serious repercussions.

The university policy on Sexual Misconduct Involving Students identifies three examples of sexual assault.

Sexual Assault: Non-consensual Sexual Intercourse

University policy describes sexual intercourse as “intercourse, however slight, meaning vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).”

Sanctions for non-consensual sexual intercourse will normally range from multi-semester suspension to expulsion from the university, with expulsion being the most likely sanction.

Sexual Assault: Non-Consensual Attempted Sexual Intercourse

Sanctions for attempted non-consensual sexual intercourse will normally range from probation to expulsion.

Sexual Assault: Non-consensual Sexual Touching

University policy provides examples of sexual touching that include “intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.”

Sanctions for non-consensual sexual touching will normally range from probation to expulsion from the university.

Aggravating factors

Certain factors will lead to more severe sanctions when they are present as part of a violation of the sexual misconduct policy. These include:

  • Use of force, use of a weapon, or display of a weapon
  • The involvement of multiple perpetrators
  • Isolation (physical, social, or otherwise)
  • Intentional incapacitation (using alcohol, drugs, or by other means)
  • Intimidation