Sex Act: A Sex Act is sexual contact between two or more persons by penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; contact between the finger or hand of one person and the genitalia or anus of another person, or by use of artificial sexual organs or any object in contact with the genitalia or anus.
Sexual Touching: Sexual Touching is any intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch him/her or themselves with or on any of these body parts for the purpose of arousing or satisfying his/her own sexual desires.
Effective Consent: Effective Consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon current sexual activity. Consent is not effective if it results from the use of fraud, physical force, threats, intimidation, or coercion.
- Physical force exists, for example, when someone acts upon another physically, such as hitting, kicking, restraining or otherwise exerting their physical control over another through violence.
- Threat exists where a reasonable person would be compelled by the words or actions of another to give permission to sexual contact they would not otherwise give, absent the threat. For example, threats to kill another, themselves, or to harm someone the other person cares for are sufficient to constitute threats.
- Intimidation exists where someone uses their physical presence to menace another, though no physical contact occurs, or where the other person’s knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places the other person in fear as an implied threat.
- Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such 11 that the application of such pressure or oppression causes the objectified victim of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, and the initiator’s knowledge that the pressure is unwanted. When someone makes it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Effective Consent cannot be given by someone who is incapacitated (defined below). Furthermore, someone under the age of 16 cannot give Effective Consent to someone over the legal age of consent (18), absent a legally valid marriage or court order. A mentally disabled individual cannot give Effective Consent to a sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. Past consent does not imply future consent; consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another; consent to engage in one form of sexual activity does not imply consent to engage in other forms of sexual activity; and consent can be withdrawn at any time.
Incapacitation/Incapacitated [Iowa Code § 709.1A]: Incapacitation or Incapacitated means a person is disabled or deprived of ability, as follows:
- “Mentally incapacitated” means that a person is temporarily incapable of rationally and reasonably understanding the nature and extent of the situation or controlling the person’s own conduct due to the influence of a narcotic, anesthetic, alcohol, or other intoxicating substance. This includes, but is not limited to, someone whose incapacity results from ingesting anything that falls in the category of a “date-rape drug.” Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, as is administering one of these drugs to another person for the purpose of inducing incapacity.
- “Physically helpless” means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
- “Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.
For more terms and definitions, visit the Sexual & Relationship Misconduct Policy(link opens in new window).Back to top
Sexual & Relationship Misconduct Policy
Central College is committed to providing a learning and working environment free from all forms of Sexual Misconduct including, but not limited to, Sex-Based Harassment, Non-consensual Sex Acts; Non-consensual Sexual Touching; and Sexual Exploitation. The College also is committed to providing a learning and working environment free from Relationship Misconduct, including Dating Violence, Domestic Violence and Stalking. Engaging in, or Attempting or Aiding in the Commission of such acts, violates the policies of Central College. Read the full text of Central's Sexual and Relationship Misconduct Policy.
Good Samaritan Rule
The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. Central College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to Campus Safety). Central College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the college will provide educational options, rather than punishment, to those who offer their assistance to others in need.
Your Title IX Rights
Title IX is a federal law that protects students against sex discrimination, sexual harassment, and sexual violence regardless of the student’s real or perceived sex, gender identity, and/or gender expression. If you have been subjected to sexual harassment or sexual violence you have an additional set of rights and protections under Title IX. (Title IX of the Education Amendments of 1972, 20 U.S.C. §1681)
Your school must:
- Have a clear published procedure for responding to reports of sex discrimination, sexual harassment, or sexual violence.
- Have a Title IX Coordinator to handle complaints. The Coordinator’s contact information should be readily available.
- Inform you of your reporting options, including notifying you of your right to report to the police and supporting you through this process should you choose to do so.
- Allow you to have an advisor you choose present throughout the process.
- Allow you to present evidence against the perpetrator(s) and/or bring in witnesses.
- Give you timely access to any information that will be used in a hearing.
- Allow you to attend any pre-hearing meetings that would give you and the perpetrator(s) a chance to testify.
- Provide you with any final decision made as the result of a hearing in writing at the same time as the perpetrator(s), and allow you to appeal that decision.
- Use a “preponderance of the evidence” standard when determining the outcome of a complaint. This means the perpetrator(s) should be found responsible if the investigation shows it is more likely than not that the violence occurred.
- Conclude any investigation within a semester’s time of the report being filed.
- Support you in obtaining a no-contact order that prevents the perpetrator from contacting or interacting with you, whether directly or indirectly. Campus safety or police should enforce any no-contact order obtained.
- Make any reasonable changes to your housing, class schedule, campus job, and/or extracurricular activity schedule to enable you to continue your education in a non-hostile environment. These accommodations should be made at no cost to you and cannot overburden you or limit your educational opportunities. The changes can be in place before, during, and after a complaint is filed, investigated, and adjudicated.
- Provide you with tutoring, counseling, or other remedies at no cost to you if you need then to continue your education.
- Protect you from retaliation or harassment of any kind due to your report.
Your school may not:
- Force you to report to the police.
- Discourage you from continuing to pursue your education. This includes telling you to take a leave of absence or to drop a club or class.
- Wait to conduct an investigation until the conclusion of an ongoing legal investigation.
- Retaliate against you for filing a complaint.
- Make you sign a nondisclosure agreement for the result of the hearing.
- Encourage or allow mediation to take the place of a formal disciplinary process in cases of sexual violence.
If you believe your Title IX rights have been or are being violated, you can contact your Title IX Coordinator and/or report to the Department of Education at [email protected].Back to top