10.5 Prohibited Behavior

(Amended 3/07; 8/13; 7/15; 9/21/18; 1/20)

 

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.