Effective January 29, 2021, this policy has been revised. For individual changes, see the redlined version.
- “Academic or administrative officers (AAOs)” are mandated reporters1 who are required to report actual or suspected sexual harassment (including stalking, dating violence, and domestic violence), sexual misconduct, or related retaliation to the Office of the Sexual Misconduct Response Coordinator within 2 business days. For a list of who is an AAO, see II-4.16a below.
- “Adaptable resolution” is a voluntary informal process that may encompass a broad range of conflict resolution strategies, including but not limited to shuttle diplomacy, arbitration, mediation, and restorative justice. Parties may engage in an adaptable resolution before, during, or after an investigation is completed into the alleged conduct, but prior to a determination of responsibility in either Process A or Process B. Adaptable resolution may not be appropriate in all circumstances. During the interim period of this policy, adaptable resolution will be limited to shuttle diplomacy.
- “Adjudicator” means the decision maker who makes findings and the determination of responsibility in the context of a formal grievance process that requires a live hearing under this policy and Process A as defined in the associated procedures.
- “Advisor” is a person who provides support and/or advice to a party during the resolution process. The University of Iowa has three types of advisors: support advisor, hearing advisor, and legal advisor. See II-4.23e below in the Interim Procedure for Alleged Violations of the Policy on Sexual Harassment and Sexual Misconduct for more description.
- “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment, sexual misconduct, or related retaliation under this policy.
- “Complaint (formal)” means a document filed/signed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual misconduct, or related retaliation under this policy against a respondent and requesting that the university investigate the allegation.
- “Confidential resource” means a person from a designated organization or university office who is not an academic or administrative officer (mandated reporter) of notice of sexual harassment, sexual misconduct, and/or related retaliation (irrespective of Clery Act Campus Security Authority status). Designated confidential resources are listed in II-14.16c(1).
- “Day” means a business day when the University of Iowa is in normal operation.
- “Education program or activity” means locations, events, or circumstances where the University of Iowa exercises substantial control over both the respondent and the context in which the sexual harassment or sexual misconduct occurs and also includes any building owned or controlled by a student organization that is officially recognized by the University of Iowa.
- “Employee” is a person in an employment relationship with the University of Iowa or any of its units, including full- and part-time faculty and staff members, but not including persons holding only complimentary appointments. Emeritus status does not establish an employment relationship. Volunteers are not employees.
- “Determination of responsibility”: A conclusion by a preponderance-of-the-evidence standard that the alleged conduct occurred and whether it did or did not violate policy.
- “Finding” is a conclusion by a preponderance-of-the-evidence standard that the conduct did or did not occur as alleged.
- “Formal grievance process” means Process A and Process B, methods of formal resolution designated by the University of Iowa to address conduct that falls within this policy.2
- “Grievance process pool” includes any investigators, hearing officers, appeal officers, and advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
- “Hearing facilitator” may attend to logistics of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate.
- “Investigator” means the person or persons who in the context of a formal grievance process are tasked with gathering information, assessing relevance and synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence. In complaints resolved through Process B, investigators also make findings and the determination of responsibility.
- “Notice” means that an employee, student, or third party informs the Title IX Coordinator or academic or administrator officer of the alleged occurrence of harassing, misconduct, and/or retaliatory conduct.
- “Parties” include the complainant(s) and respondent(s), collectively.
- “Process A” means the formal grievance process that includes an investigation and live hearing detailed below in the Interim Procedure for Alleged Violations of the Sexual Harassment and Sexual Misconduct Policy.
- “Process B” means the formal grievance process that does not include a live hearing but does include findings and a determination of responsibility made by an investigator detailed below in the Interim Procedure for Alleged Violations of the Sexual Harassment and Sexual Misconduct Policy.
- “Reasonable-person standard” means how a person under similar circumstances would be expected to react. A reasonable person is always a person who is both sober and exercising sound judgment.
- “Remedies” are post-finding actions directed to the complainant and/or the community to address safety, prevent recurrence, and restore access to the University of Iowa’s educational program, activities, and workplace.
- “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or sexual misconduct; or of retaliation for engaging in a protected activity.
- “Resolution” means the result of an adaptable resolution or formal grievance process.
- “Sanction” means a consequence imposed by the university on a respondent who is found to have violated this policy.
- “Sanctioning administrator” is the person who is responsible for determining and implementing corrective measures and sanctions and who may institute formal disciplinary action, consistent with university procedures.
- “Sexual harassment” is the category of offenses compliant with the U.S. Department of Education Title IX Regulation 106.30 including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence. See II-4.14 Prohibited Conduct for greater detail.
- “Sexual misconduct” is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation.
- “Student” is any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit-bearing course work, and who maintains an ongoing relationship with the University of Iowa.
- “Title IX Coordinator”3 is the University of Iowa–designated official to ensure compliance with Title IX and the university’s Title IX program. References to the Title IX Coordinator throughout this policy may also encompass a designee of the Title IX Coordinator for specific tasks.
- “Title IX team” refers to the Title IX Coordinator, deputy coordinators, or other designee, and any member of the grievance process pool.
- “The University of Iowa” means a postsecondary education program that is a recipient of federal funding.
1. "Mandated reporters" in this policy are not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility in this Policy on Sexual Harassment and Sexual Misconduct.
2. The formal grievance process complies with requirements of 34 CFR 106.45.
3. Anywhere this policy indicates “Title IX Coordinator,” the university may substitute a trained designee.