Other Civil Rights Discriminatory Offenses (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 jurisdiction when the act is based upon the Complainant’s actual or perceived membership in a protected class.

  • Sexual Exploitation: an individual 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 include, but are not limited to:
    • Sexual voyeurism, such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed
    • Invasion of sexual privacy
    • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography
    • Prostituting another person
    • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the infection, virus or disease
    • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
    • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections
    • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
    • Knowingly soliciting a minor for sexual activity
    • Engaging in sex trafficking
    • Knowing creation, possession, or dissemination of child pornography
  • 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, including disparate treatment
  • 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

Violation of any other University policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities. Sanctions for the above-listed Civil Rights Offenses range from reprimand through expulsion/termination.

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

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. The exercise of rights protected under the First Amendment does not constitute retaliation.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator or other conduct officer and will be promptly investigated. Iowa Wesleyan University will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

Iowa Wesleyan University and any member of the University’s community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Filing a complaint within administrative or informal procedures (Process B) could be considered retaliatory if those charges could be applicable under Title IX jurisdiction (Process A), when the Process B charges are made for the purpose of interfering with or circumventing any right or privilege provided afforded within Process A, that is not provided by Process B. Therefore, Iowa Wesleyan University vets all complaints carefully to ensure this does not happen, and to ensure that complaints are routed to the appropriate process.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.