Policy Manual

Terms used in this policy:

1. "Academic or administrative officer" includes the following:
   1. Collegiate deans (including associate deans and assistant deans);
   2. Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above;
   3. Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits or other university-related activities;
   4. Any faculty or staff member serving as departmental (or collegiate) director or  coordinator of undergraduate or graduate studies,  or a director or coordinator of any departmental, collegiate, or university off-campus academic program (including any study abroad program);
   5. The President, the directors in the Office of Institutional Equity, vice presidents (including assistant and associate vice presidents), and Executive Vice President and Provost (including assistant and associate provosts), and those persons' designees;
   6. Directors and supervisors in an employment context, including faculty and staff who supervise student employees, in relation to matters involving the employees they supervise (other than Campus Safety personnel when receiving criminal complaints or reports); and
   7. Human resource representatives (including all central University Human Resources staff).
2. "Allegations": to the extent possible, allegations of a crime or of policy violations should provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not necessarily have to be based on first-hand observation of events, but direct observation normally results in greater specificity and credibility than indirect knowledge.
3. "Domestic/dating violence" is coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner. These behaviors may include physical, sexual, emotional, economic, or psychological actions or threats of actions that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, or injure the impacted party/survivor.
4. "Graduate assistant": a graduate student employed by the university as a research assistant or teaching assistant.
5. "Human resources representative": the individual designated as departmental authority on human resource policies and procedures, and all central human resources staff.
6. "Impacted party": a person who allegedly has been harmed in violation of this policy.
7. "Member of the University community": any university student, faculty, or staff member.
8. "Protected interests": University employment, education, on-campus living, or participation in a university activity.
9. "Reporting party": the person who brings a complaint of violation of this policy, who could be an impacted party, a third-party reporter, or an academic or administrative officer of theuUniversity.
10. "Responding party": a person who has been accused of violence in a formal complaint.
11. "Stalking": a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear.
12. "Supervisor": a person who has authority to either: 1) undertake or recommend tangible employment decisions (those that significantly change an employee's employment status, such as, but not limited to, hiring, firing, promoting, demoting, reassigning, and compensation decisions) affecting an employee; or 2) direct the employee's daily work activities.
13. "Third-party reporter": a person who brings a complaint alleging that someone else has been harmed or demeaned in violation of this policy. A third-party reporter does not need to be a member of the university community (i.e., current university faculty, staff, or student).

1. Any one of these acts, when committed under one of the circumstances described in II-10.4 above, will trigger university action, including interim sanctions as appropriate:
   1. physical assault or abuse;
   2. sexual assault or abuse;
   3. threats with a weapon (display of a weapon accompanied by statements or actions which cause justifiable fear or apprehension; see Board of Regents Policy Manual 2.1.4M.ii.e, which prohibits use or possession on the campus of dangerous weapons);
   4. verbal or other threats of physical or sexual assault;
   5. domestic/dating violence that is coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner.
   6. Stalking as a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear includes but is not limited to:
      1. Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts, ordering goods or services, or any other communications that are undesired and/or place another person in fear;
      2. Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by an impacted party;
      3. Monitoring online activities, surveillance, and other types of observation, whether by physical proximity or electronic means, attempts to gather information about the impacted party;
      4. Vandalism, including attacks on data and equipment;
      5. Direct physical and/or verbal threats against an impacted party or an impacted party's family, friends, co-workers, and/or classmates, including animal abuse;
      6. Gathering of information about an impacted party from family, friends, co-workers, and/or classmates;
      7. Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the impacted party;
      8. Defamation or slander against the impacted party, posting false information about the impacted party and/or posing as the impacted party to post to websites, newsgroups, blogs, or other sites that allow public contributions, encouraging others to harass the impacted party;
      9. Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
      10. Arranging to meet impacted party under false pretenses.
   7. intentional damage or destruction of public or private property; or
   8. violent conduct prohibited by the Code of Iowa. A student, staff, or faculty member charged with criminal misconduct under the Iowa Criminal Code, including but not limited to the examples of such criminal conduct listed below, will be considered guilty of assaultive or threatening behavior and therefore subject to disciplinary sanctions upon conviction in criminal court:
      1. Chapter 707 (Homicide and Related Crimes);
      2. Chapter 708A (Terrorism, Threat of Terrorism, and Support of Terrorism);
      3. Chapter 708 (Assault, Harassment, and Stalking);
      4. Chapter 709 (Sexual Abuse);
      5. Chapter 711 (Robbery and Extortion);
      6. Those sections of Chapter 710 which deal with kidnapping and false imprisonment;
      7. Chapter 712 (Arson);
      8. Those acts under Chapter 713 (Burglary) when accompanied by an element of assault;
      9. Chapter 729.4 (Infringement of Civil Rights in employment);
      10. Chapter 729.5 (Infringement of Civil Rights by violence);
      11. Chapter 723 (Riot, Unlawful Assembly, Failure to Disperse, and Disorderly Conduct);
      12. Chapter 236 (Domestic Abuse).
2. Concurrent criminal charges. For purposes of these procedures, a "conviction" includes a guilty plea, jury verdict, judicial decision, or deferred judgment. In the event a convicted student, staff, or faculty member files a criminal appeal, the university will consider the finding of criminal guilt to be final only after the matters on appeal have been resolved. However, the university may impose sanctions independent of the outcome of any criminal process based upon its own investigation finding a violation of this or other university policies.
3. Non-criminal misconduct. University regulations and procedures are distinct from criminal statutes and procedures. Ordinarily, a less stringent standard of proof is required under administrative procedures. Regardless of whether criminal charges are filed, students, staff, and faculty members who commit assaultive or threatening behavior listed in paragraph a above will be subject to disciplinary sanctions when the misconduct was committed under one of the circumstances described in II-10.4. In those cases where criminal charges filed in connection with the same incident are dismissed in court, the outcome in the criminal proceeding is not dispositive of the question of whether this Policy on Violence was violated.

1. A report may be brought informally to any academic or administrative officer of the university (as defined in II-10.3a). If the report alleges violence based on a protected classification as defined by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy (including childbirth and related conditions), disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, or associational preferences), the report may be brought to the Office of Institutional Equity, 202 Jessup Hall. If the report alleges dating violence, domestic violence, or stalking of a romantic or sexual nature, the report must be brought to the Office of the Sexual Misconduct Response Coordinator, 450 Van Allen Hall, or the Title IX and Gender Equity unit within the Office of Institutional Equity, 202 Jessup Hall.
2. The academic or administrative officer will:
   1. counsel the impacted party or reporting party as to the options available under this policy and, at the impacted party's request, will help the impacted party resolve the complaint informally and/or refer the impacted party to the appropriate office as described in II-10.8a below so that the impacted party may bring a formal complaint; and
   2. take appropriate interim action, which may include those actions described in II-10.9 below, to address the alleged behavior and protect the health or safety of the impacted party, any reporting party, and/or witnesses.
3. The following assistance is available to the academic or administrative officer:
   1. The Office of Institutional Equity, 202 Jessup Hall, 319-335-0705, will assist in determining whether there is a potential policy violation related to a protected classification, and whether reporting pursuant to paragraph e below is required.
   2. For situations involving faculty and/or staff, the Threat Assessment Team is available to assist with assessing situations, planning the actions needed, and carrying out those actions. This team may be contacted at Organizational Effectiveness, 121-50 University Services Building, 319-335-2955. (See also VI-32 University of Iowa Threat Assessment Program.)
   3. For situations involving students, contact the Office of the Dean of Students, 135 Iowa Memorial Union, 319-335-1162.
4. When a complaint is brought informally, the person(s) charged in the complaint will not ordinarily be informed of the complaint without the consent of the impacted party unless circumstances require (such as when there are multiple complaints against the same person or allegations are particularly egregious). No disciplinary action can be taken against a person charged in an informal complaint, and there will be no record of the complaint in the person's employment or student disciplinary file, unless the person is notified of the charges and given an opportunity to respond.
5. Any academic or administrative officer of the university who becomes aware of specific and credible allegations of violence based on a protected classification (race, creed, color, religion, national origin, age, sex, pregnancy (including childbirth or related conditions), disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, or associational preferences), whether through the report of an impacted party, any reporting party, or otherwise, shall report the allegations promptly to the Office of Institutional Equity (except for allegations against a student regarding conduct occurring in the residence halls, which shall be reported to the Office of the Dean of Students) for assistance in evaluating the situation and determining an appropriate course of action, even if the impacted party has requested that no action be taken. If there is a supervisory relationship between the impacted party and/or any reporting party and the responding party, the appropriate course of action will include development of a plan to avoid any perceived or actual conflict of interest until the complaint is resolved.
   
   The initial report should be made verbally in person or by telephone, but a written report also must be made after the complaint is resolved using the Office of Institutional Equity Informal Violence Complaint Resolution form, which requires disclosure of the employment or student status of the impacted party(ies), any reporting party(ies), and the responding party(ies); the department(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint. If the responding party is informed of the existence of the informal complaint, the names of the parties must be provided to the Office of Institutional Equity. If the person charged is not informed of the complaint, then the names of the parties shall not be provided to the Office of Institutional Equity.
6. Reasonable efforts will be made to process complaints in a timely manner, giving consideration to the nature of the allegations and the circumstances surrounding the complaint process.
7. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the complaint to monitor compliance with the terms of the informal resolution. Sanctions up to and including termination of employment or separation from the university may be imposed in the event that an individual fails to comply with the terms of the informal resolution. 

1. The following administrators will review the finding of the investigating office:
   1. the Office of the Executive Vice President and Provost, if the responding party is a faculty member or other instructional personnel (except graduate assistants);
   2. the office of the vice president or dean responsible for the unit employing the person charged, if the responding party is a staff member;
   3. the Office of the Dean of Students, if the responding party is a student;
   4. the appointing dean/vice president, if the responding party is a graduate assistant.
2. The administrator may:
   1. accept all or any part of the findings of the investigating office;
   2. not accept all or any part of the findings of the investigating office;
   3. reach a negotiated settlement of the complaint with the responding party; or
   4. initiate formal disciplinary action.
3. Violations of this Policy on Violence may lead to disciplinary sanctions up to and including termination or separation from the university. Sanctions for violations of this policy should be commensurate with the nature of the violation and the responding party's disciplinary history. Those who violate this policy should bear the consequences of their actions, even if factors such as substance abuse or personal problems contribute to misconduct. When the offense is serious, it is appropriate to consider separation from the university even in cases of first offense, and even when the responding party experiences remorse and/or did not intend to cause the resulting degree of harm.
4. In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in group counseling or personal therapy sessions, complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages caused by their behavior. When the responding party is a faculty or staff member, the Employee Assistance Program, 121-50 University Services Building, is available to assist with locating appropriate resources. When the responding party is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.
5. It is the responsibility of the appropriate administrator to monitor compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the university, may be imposed in the event that the individual fails to comply with the sanctions initially imposed.

1. Impacted parties will be informed of relevant procedural steps taken during the investigation and any interim protective measures taken.
2. Throughout the investigation and resolution of a complaint, reasonable steps will be taken to protect impacted parties, any reporting parties, witnesses, and others from harm associated with the complaint.
3. Retaliation against impacted parties, any reporting parties, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their activities with regard to the process.
4. Steps that may be taken to protect impacted parties, any reporting parties, witnesses, and others from continued violence and/or retaliation might include:
   1. lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting is involved, and
   2. arrangement that academic and/or employment evaluations concerning impacted parties, any reporting parties, or others be made by an appropriate individual other than the responding party.
5. Any retaliation against impacted parties, any reporting parties, or witnesses should be reported pursuant to II-11 Anti-Retaliation. Retaliation may result in disciplinary action against the person committing the retaliatory act(s).
6. The Executive Vice President and Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of a violence complaint, suspend or partially restrict from employment any employee accused of violence if the Executive Vice President and Provost, dean, DEO, or vice president finds that it is reasonably certain that: Similarly, if the responding party is a student, interim sanctions may be imposed pursuant to Section 10 of the Student Accountability Procedure.
   1. the alleged violence has occurred, and
   2. serious and immediate harm will ensue if the person continues their employment.

1. In order to empower community members to voice concerns and bring complaints, the confidentiality of all parties will be protected to the greatest extent possible. However, legal obligations may require the university to take some action once it is made aware that violence has occurred, even when the impacted party is reluctant to proceed. Appropriate university officials will be consulted, including the Office of Institutional Equity when the complaint alleges violence based on a protected classification (see II-10.7e above), and information will be shared only with those individuals who need to know this information to implement this policy.
2. The parties to a complaint (impacted parties, any reporting parties, and responding parties) and witnesses who provide information during an investigation are expected to maintain confidentiality as well, in order to protect the integrity of the investigation and the confidentiality interests of the parties. The matter should not be discussed with individuals who are involved in the complaint except as necessary to pursue an appeal or grievance or as part of another legal or administrative proceeding.
3. Dissemination of documents relating to a complaint and/or investigation, other than as necessary to pursue an appeal or grievance or as part of another legal or administrative proceeding, is prohibited.
4. Failure to maintain confidentiality by a responding party may be considered to be a form of retaliation in violation of II-10.11c of this policy. Failure to maintain confidentiality by any party (impacted party, any reporting party, or responding party) or witness may result in disciplinary action.