Reference the Equal Opportunity, Harassment and Nondiscrimination Policy for full and specific details (available at

As a recipient of federal financial assistance for education programs and activities, Iowa Wesleyan University is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex/gender. Sex includes [sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status].

Sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, dating violence, domestic violence, and/or stalking are forms of sex discrimination, which are prohibited under Title IX and by University policy. Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment, residential, or social access, opportunities and/or benefits of any member of the Iowa Wesleyan University community on the basis of sex is in violation of this Policy.

Iowa Wesleyan University also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution.

Any person may report sex discrimination (whether or not the person reporting is the person alleged to have experienced the conduct), in person, by mail, by telephone, by video, or by email, using the contact information listed within this document for the Title IX Coordinator, or specifically at [email protected]. A report may be made at any time, including during non-business hours.


The Iowa Wesleyan Dean of Students serves as the Title IX Coordinator and can be reached at [email protected]. The Director of Human Resources serves a Deputy Title IX Coordinator and can be reached at [email protected].

The Title IX Coordinator has the primary responsibility for coordinating the University’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy. The Title IX Coordinator manages the Grievance Process Pool/Title IX Team and acts with independence and authority free from bias and conflicts of interest. Members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.

Concerns of bias, potential conflict of interest, misconduct or discrimination by any Title IX Team member should be raised with the Title IX Coordinator. To address any concern involving bias, conflict of

interest, misconduct or discrimination by the Title IX Coordinator, contact the Iowa Wesleyan University President.

Inquiries regarding Title IX policy may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education 400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453-6012
TDD#: (877) 521-2172




Iowa Wesleyan University has determined that the University administrators (President and Cabinet Members) are Officials with Authority to address and correct harassment, discrimination, and/or retaliation. Officials with Authority may also accept notice or complaints on behalf of the Iowa Wesleyan University.

Iowa Wesleyan University has also classified most employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing harassment, discrimination, and/or retaliation. All Iowa Wesleyan University employees (faculty, staff, and administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions.

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported.


If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:

  • On-campus licensed professional counselors
  • On-campus health service providers
    • Off-campus (non-employees):
      • Licensed professional counselors and other medical providers
      • Local rape crisis counselors
      • Domestic violence resources
      • Local or state assistance agencies
      • Clergy/Chaplains
      • Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder or person with a disability, or when required to disclose by law or court order.

Campus counselors and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.


All employees of Iowa Wesleyan University (including Graduate Assistants, Teaching Assistants and Resident Advisors), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.

Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Anonymous Notice of Allegations via Mandated Reporters

At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.

If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information. However, anonymous notice typically limits the University’s ability to investigate, respond, and provide remedies, depending on what information is shared.

Failure of a Mandated Reporter to report an incident of harassment or discrimination of which they become aware is a violation of University policy and can be subject to disciplinary action for failure to comply.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct, though Iowa Wesleyan University is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.

Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.


A Formal Complaint means a document submitted or signed by the Complainant or by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that Iowa Wesleyan University investigate the allegation(s). As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that Iowa Wesleyan University investigate the allegations.

Notice or formal complaints may be made using any of the following options:

  1. File a complaint with, or give verbal notice to, the Title IX Coordinator, a Deputy Title IX Coordinator, or Officials with Authority as listed above. Such a report may be made at any time (including during non- business hours) by using this email address: [email protected], or by mail to the office address, listed for the Title IX Coordinator or any other official listed.
  2. Report online, using the reporting form posted at Anonymous reports are accepted but may give rise to a need to investigate. The University tries to provide supportive measures to all Complainants, which is difficult with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as the University respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the University to discuss and/or provide supportive measures.
  3. Report using the Campus Conduct Hotline, available 24 hours per day/7 days per week at 866-943- 5787. This confidential, independent call-in service provides a way for a University community member to alert the administration to problems that may affect the entire campus community, such as behavior which appears harmful, unethical, or questionable, personal injury.


Iowa Wesleyan University will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged misconduct and/or retaliation.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Iowa

Wesleyan University’s education program or activity, including measures designed to protect the safety of all parties or Iowa Wesleyan University’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

Iowa Wesleyan University will maintain the privacy of the supportive measures, provided that privacy does not impair the University’s ability to provide the supportive measures. The University will act to ensure as minimal an occupational or academic impact on the parties as possible and will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Visa and immigration assistance
  • Student financial aid counseling
  • Education to the institutional community or community subgroup(s)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation accommodations
  • Implementing contact limitations (no contact orders) between the parties
  • Academic support, extensions of deadlines, or other course/program-related adjustments
  • Work with local authorities to put into place No Trespass, Persona Non Grata, or Be-On-the- Lookout orders
  • Class schedule modifications, withdrawals, or leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.


Iowa Wesleyan University can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the CARE Team, using standard objective violence risk assessment procedures.

Iowa Wesleyan University will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to:

  • Removing a student from a residence hall
  • Temporarily re-assigning a student-employee or employee
  • Restricting a student’s, student-employee’s, or employee’s access to or use of facilities or equipment
  • Alternative coursework options may be pursued to ensure as minimal an academic impact as possible
  • Allowing a student to withdraw or take grades of incomplete without financial penalty
  • Authorizing an administrative leave
  • Suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.

The Title IX Coordinator has sole discretion under Title IX policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion.


All allegations are acted upon promptly by Iowa Wesleyan University once it has received notice or a formal complaint. Complaints can typically take 60-90 business days to resolve. There are exceptions and extenuating circumstances that may cause a resolution to take longer, but the University will avoid all undue delays within its control. Any time the general timeframes for resolution outlined in the University’s procedures will be delayed, the Title IX Coordinator or designee will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the additional time needed as a result of the delay.


Every effort is made by Iowa Wesleyan University to preserve the privacy of reports. The University will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

Iowa Wesleyan University reserves the right to determine which University officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA). Iowa Wesleyan University may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.


Title IX policy related to sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, dating violence, domestic violence, and/or stalking applies to the education program and activities of Iowa Wesleyan University, to conduct that takes place on the campus or on property owned or controlled by the University, at University-sponsored events, or in buildings owned or controlled by the University’s recognized student organizations. The Respondent must be a member of Iowa Wesleyan University’s community in order for its policies to apply and the Formal Grievance Process (Process A) described in this document will be followed.

Regardless of where the conduct occurred, the University will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial University interest includes:

  • Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  • Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
  • Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
  • Any situation that is detrimental to the educational interests or mission of Iowa Wesleyan University.

If the Respondent is unknown or is not a member of the University community, the Title IX Coordinator or designee will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or law enforcement if the individual would like to file a police report. Further, even when the Respondent is not a member of Iowa Wesleyan University’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator. In addition, Iowa Wesleyan University may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from University property and/or events.

Time Limits on Reporting
There is no time limitation on providing notice/formal complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to Iowa Wesleyan University’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Online Harassment and Misconduct
This policy is written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on Iowa Wesleyan University’s education program and activities or use University networks, technology, or equipment. Although the
University may not control websites, social media, and other venues in which harassing communications are made, when such communications are reported to the University, it will engage in a variety of means to address and mitigate the effects.

Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via social media, unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge pornography, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the University community.

Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but protected speech cannot legally be subjected to discipline. Off-campus harassing speech by employees, whether online or in person, may be regulated by Iowa Wesleyan University only when such speech is made in an employee’s official or work-related capacity.


(see for full definitions)

Iowa Wesleyan University has adopted the following definition of Sexual Harassment in order to address the unique environment of an academic community. Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, dating violence, domestic violence, and/or stalking, and is defined conduct on the basis of sex/gender or that is sexual that satisfies one or more of the following:

  1. Quid Pro Quo: an employee of Iowa Wesleyan University implicitly or explicitly conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.
  2. Sexual Harassment-Hostile Environment: unwelcome conduct determined by a reasonable person to be so severe, and pervasive, and objectively offensive that it effectively denies a person equal access to an Iowa Wesleyan University’s education program or activity.
  3. Sexual assault, defined as
    1. Sex Offenses, Forcible: Any sexual act (described below) directed against another person without the consent of the Complainant including instances in which the Complainant is incapable of giving consent. An unwelcomed ‘sexual act” is specifically defined by federal regulations to include one or more of the following: Forcible Rape, Forcible Sodomy, Sexual Assault with an Object, or Forcible Fondling.
    2. Sex Offenses, Non-forcible: Incest or Statutory Rape
  4. Dating Violence, defined as violence on the basis of sex, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. For the purposes of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse and does not include acts covered under the definition of domestic violence.
  5. Domestic Violence, defined as violence on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Iowa, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Iowa.
  6. Stalking, defined as engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or
    interferes with a person’s property.

Force, Coercion, Consent, and Incapacitation

As used in the offenses above, the following definitions and understandings apply:

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, 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.

Consent: is knowing, voluntary and clear permission by word or action to engage in sexual activity. Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.


(addressed by either grievance process, depending on Title IX jurisdiction)

  • In addition to the forms of sexual harassment described above, which are covered by Title IX, Iowa Wesleyan University additionally prohibits the following offenses as forms of discrimination that may be within or outside of Title IX when the act is based upon the Complainant’s actual or perceived membership in a protected class.
  • Sexual Exploitation: taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation can be found at
  • Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person;
  • Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities;
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;
  • Bullying, defined as repeated and/or severe aggressive behavior, likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally, that is not speech or conduct otherwise protected by the First Amendment.


If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

The Title IX Coordinator has ultimate discretion over whether the University proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment. The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the University to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. Iowa Wesleyan University may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.

When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy. When the University proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony.


Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, Iowa Wesleyan University must issue timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community. The University will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.


Deliberately false and/or malicious accusations under this policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination. Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under University policy.


The preservation of evidence in incidents of sexual assault is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time-sensitive. Iowa Wesleyan University will inform the Complainant of the importance of preserving evidence.



Upon receipt of a written and signed complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator or designee initiates a prompt initial assessment to determine the next steps the University needs to take.

The Title IX Coordinator or designee will initiate at least one of three responses:

  1. Offering supportive measures because the Complainant does not want to file a formal complaint; and/or
  2. An informal resolution (upon submission of a formal complaint); and/or
  3. A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint).

Iowa Wesleyan University uses the Formal Grievance Process to determine whether or not the Policy has been violated. If so, the University will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, or their effects.


Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator or designee engages in an initial assessment, typically within one (1) to five (5) business days. The steps in an initial assessment can include:

  • If notice is given, the Title IX Coordinator seeks to determine if the person impacted wishes to make a formal complaint, and will assist them to do so, if desired.
  • If a formal complaint is received, the Title IX Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed.
  • The Title IX Coordinator reaches out to the Complainant to offer supportive measures.
  • The Title IX Coordinator works with the Complainant to ensure they are aware of the right to have an Advisor.
  • The Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and remedial response, an informal resolution option, or a formal investigation and grievance process.
    • If a supportive and remedial response is preferred, the Title IX Coordinator works with the Complainant to identify their wishes, assesses the request, and implements accordingly. No Formal Grievance Process is initiated, though the Complainant can elect to initiate one later, if desired.
    • If an informal resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for informal resolution, and may seek to determine if the Respondent is also willing to engage in informal resolution.
    • If a Formal Grievance Process is preferred, the Title IX Coordinator determines if the misconduct alleged falls within the scope of Title IX:
    • If it does, the Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation to address an incident, and/or a pattern of alleged misconduct and/or a culture/climate issue, based on the nature of the complaint.

If it does not, the Title IX Coordinator determines that Title IX does not apply (and will “dismiss” that aspect of the complaint, if any), assesses which policies and refers the matter for resolution under Administrative Resolution. Please note that dismissing a complaint under Title IX is solely a procedural requirement under Title IX, and does not limit Iowa Wesleyan University’s authority to address a complaint with an appropriate process and remedies.


In many cases, the Title IX Coordinator may determine that a Violence Risk Assessment should be conducted as part of the initial assessment. Such an Assessment can aid in determining if there is risk of actionable violence and if an emergency removal is warranted. Violence Risk Assessments require specific training and will be conducted by a member of the CARE Team.


Iowa Wesleyan University is mandated by the 2020 Title IX Regulations to dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined above, even if proved; and/or
  2. The conduct did not occur in an educational program or activity controlled by the University (including buildings or property controlled by recognized student organizations), and/or the University does not have control of the Respondent; and/or
  3. The conduct did not occur against a person in the United States; and/or
  4. At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of the Iowa Wesleyan University.

Such a Complainant is still entitled to supportive measures, but the formal grievance process is not applicable.

  1. Iowa Wesleyan University may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
  2. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
  3. The Respondent is no longer enrolled in or employed by the University; or
  4. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.


Iowa Wesleyan University is obligated to ensure that the grievance process is not abused for retaliatory purposes. The University permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by a Respondent may be made in good faith, but are, on occasion, made for purposes of retaliation, instead. Counterclaims made with retaliatory intent will not be permitted. Counterclaims may be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.


The parties may each have one Advisor of their choice present with them for all meetings, interviews, and hearings within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.

Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the Iowa Wesleyan University community. The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.

Advisor’s Role in Meetings and Interviews
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Advisors in Hearings/Iowa Wesleyan University-Appointed Advisors
Under U.S. Department of Education regulations under Title IX, a form of indirect questioning is required during the hearing, but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, Iowa Wesleyan University will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party and witnesses.

Advisor Violations of Iowa Wesleyan University’s Policy
All Advisors are subject to the same University policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address Iowa Wesleyan University officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or Hearing Panel members, except during cross-examination of a hearing proceeding.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

Expectations of an Advisor to Attend Meetings
Iowa Wesleyan University generally expects an Advisor to adjust their schedule to allow them to attend University meetings when planned, but may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay. The University may, at the discretion of the Title IX Coordinator, make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.


Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, with the exception of information the parties agree not to disclose related to Informal Resolution, discussed below. Iowa Wesleyan University encourages parties to discuss the sharing of information with their Advisors before doing so.

Informal Resolution can include three different approaches:

  • When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
  • When the parties agree to resolve the matter through an alternate resolution mechanism as described below, usually before a formal investigation takes place; see discussion in b., below.
  • When the Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post- investigation); see discussion in c., below.

To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above. A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator. Any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.

Alternate Resolution Mechanism
Alternate Resolution is an informal mechanism by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of an Alternate Resolution mechanism. The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions.

Results of complaints resolved by Informal Resolution/Alternate Resolution are not appealable.

Respondent Accepts Responsibility for Alleged Violations
The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above. When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the misconduct, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

Negotiated Resolution
The Title IX Coordinator, with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and Iowa Wesleyan University. Negotiated Resolutions are not appealable.


The Formal Grievance Process relies on a pool of trained persons to carry out the process. Members of the Pool/Team are announced in an annual distribution of this policy to all students, parents/guardians of students, employees, prospective students, and prospective employees.

Pool/Team Member Roles
Members of the Pool are trained annually, and can serve in in the following roles, at the direction of the Title IX Coordinator:

  • To provide appropriate intake of and initial guidance pertaining to complaints
  • To act as an Advisor to the parties
  • To serve in a facilitation role in Informal Resolution/Alternate Resolution if appropriately trained in the resolution practice
  • To perform or assist with initial assessment
  • To investigate complaints
  • To serve as a Hearing Facilitator (process administrator, no decision-making role)
  • To serve as a Hearing Panel member regarding the complaint
  • To serve as an Appeal Decision-maker

Pool/Team Member Appointment
The Title IX Coordinator, in consultation with the President, appoints the Pool/Team, which acts with independence and impartiality. Pool/Team members are usually appointed to three-year terms.
Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.

Any individual materially involved in the administration of the resolution process, including the Title IX Coordinator, Investigator(s), and Hearing Panel members, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.


The Title IX Coordinator, or designee will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent.

Notice will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the parties’ University-issued email or designated accounts. Once emailed and/or received in-person, notice will be presumptively delivered.

Resolution Timeline
Iowa Wesleyan University will make a good faith effort to complete the resolution process within a sixty-to-ninety (60-90) business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.


The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness.

Iowa Wesleyan University operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):

  • Determine the identity and contact information of the Complainant
  • In coordination with the Title IX Coordinator, initiate or assist with any necessary supportive measures
  • Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated
  • Assist the Title IX Coordinator with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation
  • Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
  • Meet with the Complainant to finalize their interview/statement, if necessary
  • Prepare the initial Notice of Investigation and Allegation (NOIA), if not already completed;
  • The NOIA may be amended with any additional or dismissed allegations
    • Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of the Pool/Title IX Team or an Advisor of their choosing present for all meetings attended by the party
  • Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings
  • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
  • When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose
  • Interview all available, relevant witnesses and conduct follow-up interviews as necessary
  • Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions
  • Complete the investigation promptly and without unreasonable deviation from the intended timeline
  • Provide regular status updates to the parties and the Title IX Coordinator throughout the investigation
  • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding
  • Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence; Appendices including relevant physical or documentary evidence will be included
  • The Investigator(s) gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report
  • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the University does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days. Each copy of the materials shared will be notated on each page with the role of the person receiving it (e.g.,
  • Complainant, Respondent, Complainant’s Advisor, Respondent’s Advisor).
  • The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses
  • The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report; The Investigator(s) should document all rationales for any changes made after the review and comment period
  • The Investigator(s) may share the report with the Title IX Coordinator for their review and feedback
  • The Investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing; The parties are also provided with a file of any directly related evidence that was not included in the report

Evidentiary Considerations in the Investigation
The investigation does not consider:

  1. incidents not directly related to the possible violation, unless they evidence a pattern;
  2. the character of the parties; or
  3. questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.


Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing. The hearing cannot be less than ten (10) business days from the conclusion of the investigation, when the final investigation report is transmitted to the parties and the Hearing Panel Chair, unless all parties and the Chair agree to an expedited timeline.

The Title IX Coordinator will select three (3) appropriate Hearing Panel members from the Pool/Team depending on whether the Respondent is an employee, student employee or a student

The Hearing Panel will not have had any previous involvement with the investigation. Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Hearing Panel members. Those who are serving as Advisors for any party may not serve as Panel members in that matter.

+Notice of Hearing +
No less than ten (10) business days prior to the hearing, the Title IX Coordinator or the Chair will send notice of the hearing to the parties. Once emailed and/or received in-person, notice will be presumptively delivered.

Evidentiary Considerations in the Hearing
Any evidence that the Hearing Panel determines is relevant and credible may be considered. The hearing does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence about the
Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific
incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility, assuming Iowa Wesleyan University uses a progressive discipline system. This information is only considered at the sanction stage of the process, and is not shared until then.

The parties may each submit a written impact statement prior to the hearing for the consideration of the Hearing Panel at the sanction stage of the process when a determination of responsibility is reached.

After post-hearing deliberation, the Hearing Panel renders a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the Policy as alleged.


At the hearing, the Panel has the authority to hear and make determinations on all allegations misconduct under the jurisdiction of the 2020 Title IX regulations, and/or related retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert, even though those collateral allegations may not specifically fall under this jurisdiction.
Participants at the hearing will include the Chair, two (2) other Hearing Panel members, the Investigator(s) who conducted the investigation, the parties, one (1) Advisor per parties, any called witnesses, possibly a hearing facilitator and/or the Title IX Coordinator and anyone providing authorized accommodations or assistive services.

The Chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

The Order of the Hearing: Introductions and Explanation of Procedure
The Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of Hearing Panel members on the basis of bias or conflict of interest. The Chair will rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge. A 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, etc.

The Order of the Hearing: Investigator Presents the Final Investigation Report
The Investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Hearing Panel and the
parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations.

The Order of the Hearing: Testimony and Questioning
Once the Investigator(s) present their report and are questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Chair. The parties/witnesses will submit to questioning by the Hearing Panel and then by the parties through their Advisors (“cross-examination”).

All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request, if agreed to by all parties and the Chair), the proceeding will pause to allow the Chair to consider it (and state it if it has not been stated aloud), and the Chair will determine whether the question will be permitted, disallowed, or rephrased. The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has final say on all questions and determinations of relevance.

Refusal to Submit to Cross-Examination and Inferences
If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting, or they attend but refuse to participate in questioning, then the Hearing Panel may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. The Hearing Panel must disregard that statement. Evidence provided that is something other than a statement by the party or witness may be considered. If the party or witness attends the hearing and answers some cross- examination questions, only statements related to the cross-examination questions they refuse to answer cannot be relied upon. However, if the statements of the party who is refusing to submit to cross-examination or refuses to attend the hearing are the subject of the allegation itself (e.g., the case is about verbal harassment or a quid pro quo offer), then those statements are not precluded from admission. The Hearing Panel may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

Recording Hearings
Hearings (but not deliberations of findings) are recorded by the University for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. The Hearing Panel, the parties, their Advisors, and appropriate administrators of the University will be permitted to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.

The Order of the Hearing: Deliberation, Decision-making, and Standard of Proof
The Hearing Panel will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. A simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used.

When there is a finding of responsibility on one or more of the allegations, the Hearing Panel may then consider the previously submitted party impact statements in determining appropriate sanction(s). The Hearing Panel may, at their discretion, consider the statements, but they are not binding.

The Hearing Panel will review the statements and any pertinent conduct history provided by the University and will determine the appropriate sanction(s), in consultation with other appropriate administrators, as necessary. The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions.


Using the deliberation statement, the Title IX Coordinator will work with the Chair to prepare a Notice of Outcome. The Title IX Coordinator will then share the Notice of Outcome letter in writing, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors simultaneously, within five (5) business days of receiving the Hearing Panel’s deliberation statement.

The Notice of Outcome will articulate the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by Iowa Wesleyan University. The Notice will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the University is permitted to share such information under state or federal law; any sanctions issued which the University is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to Iowa Wesleyan University’s educational or employment program or activity, to the extent the University is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).

The Notice of Outcome will also include information on when the results are considered by Iowa Wesleyan University to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.


Any party may file a request for appeal, but it must be submitted in writing to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome.

No appeal panelists will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process. The Request for Appeal will be forwarded for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

Appeals are limited to the following grounds:

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  3. The Title IX Coordinator, Investigator(s), or a Hearing Panel member had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

Further information on the Appeals Process may be viewed at


All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the time-frame specified by the final decision of the case (including appeal). Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the University and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.


During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures.

If government laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings. This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally.

This Policy and procedures are effective August 14, 2020.