4.3 Reports or Complaints

  1. Individuals who have experienced unwelcomed sexual behavior or sexual harassment are encouraged to report it, even if they are not certain whether a violation of this policy has occurred.
    1. Allegations of unwelcomed sexual behavior may be addressed through the informal process set out in II-4.5c of this policy even if no prohibited conduct has occurred.
    2. During formal investigations and disciplinary proceedings, the provisions of II-4.1b, including the definition of sexual harassment in that section, will be used to determine whether alleged unwelcomed sexual behavior constitutes sexual harassment in violation of this policy.
    3. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a report or complaint. However, the University may investigate the allegations, even without the alleged victim's consent, if circumstances warrant (such as when the allegations are particularly egregious or there are multiple reports of harassment involving the same person).
    4. A report or complaint must state specific and credible allegations of sexual harassment to warrant a formal investigation. There is no time limit for making allegations; however, it may be difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting is strongly encouraged.
  2. Reporting criminal activity.
    1. In addition to violating University policy, some forms of sexual harassment may constitute criminal activity. Individuals are encouraged to inform law enforcement authorities about instances of unwelcomed sexual behavior that involve violence, threatening behavior, or physical assault. Individuals are encouraged to contact law enforcement whenever they believe a crime may have been committed.
    2. The UI Department of Public Safety (319-335-5022) should be notified immediately if individuals believe there is a threat of physical harm to themselves, to other members of the University community, or to anyone on University property or attending a University-sanctioned event.
  3. Reports and complaints concerning sexual harassment of students.
    1. Students should make reports or complaints about unwelcomed sexual behavior or sexual harassment to the Office of the Sexual Misconduct Response Coordinator (319-335-6200).
    2. Any member of the University community, or a third party, may also make a report or complaint that a student has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator.
    3. No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a student without the involvement of the Office of the Sexual Misconduct Response Coordinator.
    4. Students who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report or complaint should consider utilizing any of the options discussed in  IV-2 Sexual Misconduct, Dating/Domestic Violence, or Stalking Involving Students, at IV-2.8 Confidentiality, and in paragraph II-4.3g of this policy.
  4. Reports and complaints concerning sexual harassment of non-student employees of the University (including any member of the faculty or staff).
    1. Employees should make reports or complaints about unwelcomed sexual behavior or sexual harassment to the Office of the Sexual Misconduct Response Coordinator, to the Office of Equal Opportunity and Diversity, or to any academic or administrative officer of the University, as defined in II-4.1c(1).
    2. Any member of the University community or a third party may also make a report or complaint that an employee has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator, the Office of Equal Opportunity and Diversity, or any academic or administrative officer of the University.
    3. No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a University employee without the involvement of the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity.
    4. Employees who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report of sexual harassment to the University, should consider utilizing any of the options discussed below in paragraph II-4.3g of this policy.
  5. Any academic or administrative officer of the University who observes sexual harassment or unwelcomed sexual behavior, or who becomes aware of allegations of unwelcomed sexual behavior or sexual harassment through the report of a complainant (including a third party) shall take the actions described in this section, even if the alleged victim does not wish any action to be taken.
    1. In any case in which the alleged victim of the behavior is a student the academic or administrative officer must
      1. inform the complainant that certified victim advocacy services are available from the Rape Victim Advocacy Program or the Domestic Violence Intervention Program, and
      2. refer the complainant to the Office of the Sexual Misconduct Response Coordinator, and
      3. notify the Office of the Sexual Misconduct Response Coordinator of the allegations within two business days.
    2. In any case in which the alleged victim is a non-student employee of the University (including any member of the faculty or staff), the academic or administrative officer must
      1. inform the complainant of the options available under this policy (i.e., informal resolution or formal investigation) and that certified victim advocacy services are available from the Rape Victim Advocacy Program or the Domestic Violence Intervention Program and,
      2. provide notice of the allegations to the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity within two business days, and
      3. provide notice of the allegations to the Senior Human Resources Leadership Representative of the unit in which the alleged behavior occurred or, when incidents do not occur within a unit, notify the Senior Human Resources Leadership Representative of the respondent.
  6. The Office of the Sexual Misconduct Response Coordinator and the Office of Equal Opportunity and Diversity shall share information about reports and complaints, typically within two business days, and shall provide assistance to the academic or administrative officer and the relevant Senior Human Resources Leadership Representative in evaluating the situation and determining an appropriate course of action, even if the alleged victim has requested that no action be taken.
  7. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a report or complaint, or who wishes simply to learn more about enforcement of the Policy on Sexual Harassment, may contact any of the following offices or organizations:
    1. Office of the Ombudsperson (for faculty, other instructors, staff, or students), C108 Seashore Hall;
    2. Employee Assistance Program (for faculty or staff), 121-50 University Services Building;
    3. University Counseling Service (for students), 3223 Westlawn;
    4. Women's Resource and Action Center (for faculty, other instructors, staff, students, or visitors), Bowman House;
    5. Rape Victim Advocacy Program (certified victim advocates)(for faculty, other instructors, staff, or students), Linn Street Place;
    6. Domestic Violence Intervention Program (certified victim advocates) (for faculty, other instructors, staff, students, or visitors), 1105 South Gilbert Court, Iowa City.

These offices and organizations are exempt from the reporting requirements set forth above in II-4.3e of this policy. In addition, staff in these offices and organizations generally have professional or legal obligations to keep communications with their clients confidential. Faculty and staff in other University offices typically do not have confidentiality obligations and may be required to report allegations as described above in II-4.3e.