9 Sexual Misconduct Sexual misconduct is a broad term encompassing any behavior of a sexual nature that is non-consensual committed by force or intimidation, or that is otherwise unwelcome. The term includes sexual assault, sexual exploitation, sexual intimidation, and sexual harassment as those behaviors are described later in this section. Sexual intimacy or sexual acts or behavior of any kind require that all participants consent. Consent between two or more people is defined as an affirmative agreement through clear actions or words to engage in each specific sexual activity. The person giving the consent must act freely, voluntarily, and with an understanding of his or her actions when giving the consent. Lack of protest or resistance does not constitute consent, nor does silence mean consent has been given. Relying solely on non-verbal communication can lead to misunderstanding. Persons who want to engage in the sexual activity are responsible for obtaining consent, it should never be assumed. A prior relationship or prior sexual activity is not sufficient to demonstrate consent. Consent must be present throughout the sexual activity at any time, a participant can communicate that he or she no longer consents to continuing the activity. Additionally, consent to one type of sexual activity is not sufficient to demonstrate consent to all sexual activities. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved. In addition, under Iowa law the following people are unable to give consent: • Persons who are asleep or unconscious. • Persons who are impaired due to the influence of drugs, alcohol, or medication. • Persons who are unable to communicate consent due to a mental or physical condition. • Generally, minors under the age of 16. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can occur between members of the same or opposite sex and can also occur while individuals are fully clothed. Sexual misconduct includes, but is not limited to, the following examples of prohibited conduct: Sexual Assault Sexual assault is an extreme form of sexual misconduct and represents a continuum of conduct from forcible rape to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will. In Iowa, the terms “rape” and “sexual assault” fall under the legal definition of “sexual abuse,” which includes any sex act done by force or against the will of another. Examples of sexual assault under this policy include, but are not limited to, the following behaviors when consent is not present: • Sexual intercourse • Oral sex • Rape or attempted rape • Penetration of an orifice with any object • Touching of the genitals, buttocks, breast, or other body part • Through any method of making someone else touch one’s genitals, buttocks, breast, or other body part, or bodily fluid • Inducing consent through drugs or alcohol • Engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol, or other condition College Information Sexual Exploitation Sexual exploitation involves taking non-consensual sexual advantage of another person. Examples can include, but are not limited to the following behaviors: • Electronic recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without knowledge and consent of all parties • Voyeurism (sexual interest in spying on others) • Distributing intimate or sexual information about another person without consent Sexual Intimidation and Stalking Sexual intimidation involves threatening another person that you will commit a sex act against them, an implied threat of the same, or engaging in indecent exposure. Stalking involves any course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress. Sexual intimidation and stalking includes cyber-stalking or threatening via e-mail, social media, text message, or other electronic communications. Domestic and Dating Violence Domestic violence includes violent acts committed by the survivor’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law. Dating violence involves violence by a person who has been in a romantic or intimate relationship with the survivor, as gauged by the length, type and frequency of interaction within the relationship. How to Report Sexual Misconduct Northwest Iowa Community College encourages students to report all incidents of sexual misconduct to the police. A guiding principal in the reporting of sexual offenses is to avoid re-victimizing the sexual assault survivor by forcing the person into any plan of action. Survivors of sexual offenses may contact NCC personnel or community services for assistance. The following resources provide immediate aid or on-going consultation for survivors of sexual assault: Reporting Numbers: Sheldon Police Department: 911 NCC Equity Officers: 712-324-4614 Ext 113 or 242 National Sexual Assault Hotline: 1-800-656-HOPE Any Hospital or Medical Facility What to Do If You Are Sexually Assaulted • Get to a safe place and call 911. If desired, them may take you to the hospital for a voluntary medical exam and make a report and advise you of resources and options. • To help preserve evidence, do not douche, bathe, change clothing, or remove anything from the location of the assault. • If you have been reaped, you should seek medical attention immediately regardless of whether you report the assault to the police.
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