Sexual Harassment/Title IX Policy and Procedures - Title IX Policy

Policies

Iowa Wesleyan University adheres to all federal, state, and local civil rights laws prohibiting discrimination in employment and education. The University does not discriminate in its admissions practices, except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex, race, color, age, national origin, disability, genetics, religion, gender, gender identity, sexual orientation, veteran status, or creed.

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].

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. Sexual harassment (Quid Pro Quo and/or sexual harassment‐hostile environment), sexual assault, dating violence, domestic violence, and 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 Equal Opportunity, Harassment and Discrimination Policy.

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.

Rationale for Policy and Applicable Scope

Iowa Wesleyan University is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities that are free from discrimination and harassment based on a protected category, and retaliation for engaging in a protected activity. To ensure compliance with federal, state and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, Iowa Wesleyan University has developed internal policies and procedures that provide prompt, fair, and impartial processes for those involved in allegations of discrimination or harassment on the basis of protected class status, and for allegations of retaliation. Iowa Wesleyan University values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

The core purpose of this policy is prohibition of all forms of discrimination. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. At other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, it can encompass sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, sexual exploitation, stalking, dating violence, or domestic violence.

When an alleged violation of this nondiscrimination policy is reported, the allegations are subject to resolution using Iowa Wesleyan University’s “Process A” or “Process B,” as determined by the Title IX Coordinator, and as detailed throughout this document (Process A) and in Appendix B (Process B). The described procedures may be applied to incidents, to patterns of conduct, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

When the Respondent is a member of the Iowa Wesleyan University community, a formal complaint may be filed and a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the Iowa Wesleyan University community. This community includes, but is not limited to, students. ⁽¹⁾ student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, vendors, contractors, and campers.

Glossary

Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.
Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the Iowa Wesleyan University investigate the allegation.
Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
Day means a business day when the Iowa Wesleyan University is in normal operation.
Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the investigation report.
Education program or activity means locations, events, or circumstances where Iowa Wesleyan University exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by the Iowa Wesleyan University.
Final Determination: A conclusion by the preponderance of the evidence standard of proof that the alleged conduct did or did not violate policy.
Finding: A conclusion by the preponderance of the evidence standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Grievance Process means “Process A,” a method of formal resolution designated by the Iowa Wesleyan University to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR §106.45).
Grievance Process Pool/Title IX Team includes any investigators, hearing panel members, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
Hearing Panel refers to those who have decision-making and sanctioning authority within the Iowa Wesleyan University’s Formal Grievance process.
Investigator means the person or persons charged by Iowa Wesleyan University with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report of Relevant Evidence and file of Directly Related evidence.
Mandated Reporter means an employee of the Iowa Wesleyan University who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator. ⁽²⁾
Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA) means an employee of the Iowa Wesleyan University explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the Iowa Wesleyan University.
Parties include the Complainant(s) and Respondent(s), collectively.
Process A means the Formal Grievance Process detailed below and defined above.
Process B means the administrative resolution procedures detailed in Appendix B of this document that apply only when Process A does not, as determined by the Title IX Coordinator.
Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the Iowa Wesleyan University’s educational program.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
Resolution means the result of an informal or Formal Grievance Process.
Sanction means a consequence imposed by Iowa Wesleyan University on a Respondent who is found to have violated this policy.
Sexual Harassment is the umbrella category including the offenses of sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, stalking, dating violence, and domestic violence.
Title IX of the Education Amendments of 1972 is a comprehensive federal law intended to end sex discrimination in all areas of education. Title IX states “No person in the United States shall on the basis of sex be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” It also applies to educational program equity, such as athletics.
Title IX Coordinator is the official designated by Iowa Wesleyan University to ensure compliance with Title IX regulations and the University’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
Title IX Team refers to the Title IX Coordinator, deputy coordinators, and any member of the Grievance Process Pool.

Role of the Title IX Coordinator

Tina Young serves as the Title IX Coordinator and oversees implementation of Iowa Wesleyan University’s Policy on Equal Opportunity, Harassment, and Nondiscrimination, as well as resulting plans. 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, remedy, and prevent discrimination, harassment, and retaliation prohibited under this policy.

Independence and Conflict of Interest

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. The Title IX Coordinator oversees all resolutions related to the 2020 Title IX Regulations under this policy and these procedures. 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.

Contact Information

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made to:

Title IX Coordinator: Tina Young
Director of Diversity, Inclusion, Title IX, and Student Rights
John Wesleyan Holland Student Union; room 304
319-385-6361
[email protected]
https://www.iw.edu/campus-safety/

Deputy Title IX Coordinator: Kathy Moothart
Director of Human Resources
Third Floor, P.E.O. Building
319-385-6209
[email protected]

Other Pool/Title IX Team members, who are trained and may be responsible for participating in a case as an investigator, hearing panel member or chair, advisor, appellate officer, or provider of informal resolution services include:

Courtney Carl	Associate Athletic Director and Compliance Officer	[email protected]
Nathan Hough	Assistant Professor of Psychology	[email protected]
Clay Johnson	Internationals Student Advisor	[email protected]
Roger Kerfoot	Assistant Professor of Business	[email protected]
Amy Mabeus	Bookstore and Mailroom Manager	[email protected]
Kathy Schmidt	Assistant Professor of Education	[email protected]

Iowa Wesleyan University has determined that the following administrators are Officials with Authority to address and correct harassment, discrimination, and/or retaliation. In addition to the Title IX Team members listed above, Officials with Authority may also accept notice or complaints on behalf of the Iowa Wesleyan University.

Chris, Plunkett, President
319-385-6206
[email protected]

DeWayne Frazier, PhD, University Provost
319-385-6202
[email protected]

Derek Zander, Vice President for Advancement and Athletics
319-385-6349
[email protected]

Meg Richtman, Vice President for Enrollment, Marketing & Communications
319-385-6216
[email protected]

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. The section below on Mandated Reporting details which employees have this responsibility and their duties, accordingly.
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
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

For complaints involving employees: Equal Employment Opportunity Commission (EEOC) has jurisdiction over Title IX employment claims. Please contact the Milwaukee Area Office at 414-662-3680.

Notice/Formal Complaint of Sexual Harassment (Quid Pro Quo and/or Sexual Harassment-Hostile Environment), Sexual Assault, Dating Violence, Domestic Violence, Stalking, and/or Retaliation

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. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.

Notice or formal complaints of sexual harassment (Quid Pro Quo and/or sexual harassment-hostile environment), sexual assault, stalking, dating violence, and domestic violence and/or retaliation may be made using any of the following options:

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.
Report online, using the reporting form posted at https://www.iw.edu/iw-safetyfirst. Anonymous reports are accepted but may give rise to a need to investigate to determine if the parties can be identified. If not, no further formal action is taken, thought measures intended to protect the IW Community may be enacted. The University tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant. Because reporting carries no obligation to initiate a formal response, and because 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 confidentiality by making a report that allows the University to discuss and/or provide supportive measures.
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. Calls to the Hotline are confidential and anonymous, answered and recorded by a Masters-degree specialist in psychology or social services, handled with support and sensitivity. Within one (1) business day a summary of the interview will be forwarded to University administration for investigation, and assigned a five digit randomly generated case number for use in follow-up.

Supportive Measures

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 and as reasonably available. They are offered 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 and/or Iowa Wesleyan University’s educational environment, and/or to deter harassment, discrimination, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time supportive measures are offered, Iowa Wesleyan University will inform the Complainant, in writing, that they may file a formal complaint with the University either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

Iowa Wesleyan University will maintain the confidentiality of the supportive measures, provided that confidentiality 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 or other restrictions will be referred to appropriate student or employee conduct processes for enforcement.

Emergency Removal

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 (Campus Assistance, Response and Education) Team, using standard objective violence risk assessment procedures.

In all cases in which an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator and one other Official With Authority prior to such action being imposed, or as soon thereafter as reasonably possible, to show cause why the emergency removal should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested within two (2) calendar days, objections to the emergency removal will be deemed waived. This section also applies to any restrictions that an athletic administrator or coach may place on a student-athlete arising from allegations related to Title IX. There is no other appeal process for emergency removal decisions.

A Respondent may be accompanied to this meeting by an Advisor of their choice when meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

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.

When the Respondent is an employee, existing provisions for interim action, as outlined in the Employee Handbook, are applicable instead of the above emergency removal process.

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 within the student or employee conduct processes, which may include expulsion or termination.

Prompt Response

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 time-frames 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.

Confidential/Private Record Maintenance

This policy covers records maintained in any medium that are created pursuant to the University’s Equal Opportunity, Harassment, and Nondiscrimination Policy for all Students, Employees and Third-parties and regular business of the Title IX Office. All such records are considered private or confidential by the Title IX Office, in accordance with FERPA and the directive from the Department of Education to maintain the confidentiality of records related to Title IX.

Every effort is made by Iowa Wesleyan University to preserve the confidentiality 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). Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: the Office of Student Development when relevant, Iowa Wesleyan University Campus Safety, and the CARE Team for threat assessment. Information will be shared as necessary with Investigators, Hearing Panel members, Advisors, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.

Iowa Wesleyan University may contact parents/guardians of students 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.

Types of Records Covered Under this Policy

These records include, but are not limited to:

Documentation of notice to the University including incident reports
Anonymous reports later identified and/or linked to a specific incident involving known parties
Any documentation supporting the initial assessment (e.g., incident reports, intake documentation, the written formal complaint, names of the Complainant, Respondent and any witnesses)
Investigation-related evidence (e.g., physical and documentary evidence collected and logs, medical, mental-health and forensic record evidence obtained with consent during the investigation, police reports, expert sources used in consideration of the evidence, timelines, flowcharts and templates, witness lists, correspondence, telephone logs, interview notes, interview summaries)
Dismissal-related documentation
Documentation related to the grievance resolution process
The final investigative report
Remedy-related documentation, including actions taken to restrict or remove the Respondent, designed to restore or preserve equal access to the University’s education program or activity
Supportive measures-related documentation as implemented on behalf of the Complainant and/or Respondent designed to restore or preserve equal access to the University’s education program or activity; If no supportive measures were provided to the Complainant, documentation of the reasons why such a response was not clearly unreasonable in light of the known circumstances
Documentation of reported retaliatory behavior as well as all actions taken to address these reports
Hearing recordings and records (e.g., documentation of outcomes and rationale, documentation of any sanction(s) resulting from the grievance resolution process)
Appeal-related correspondence and documentation
Informal resolution records and results
Notices of Outcome
Records documenting that Iowa Wesleyan’s response was not deliberately indifferent
Any other records typically maintained by the University as part of a case file
All materials used to train Title IX Coordinators, Investigators, Advisors, Hearing Panel members, and any person who facilitates an Informal Resolution process. Iowa Wesleyan University will make these training materials publicly available on Iowa Wesleyan University’s website.

Drafts and Working Files

Preliminary drafts and “working files” are not considered records that must be maintained by the University, and these are typically destroyed during the course of an investigation or at its conclusion. They are preliminary versions of records and other documents that do not state a final position of the subject matter reviewed or are not considered to be in final form by their creator and/or the Title IX Coordinator. An example of a “working file” would be the investigator notes made during an interview with topics the investigator wants to revisit in subsequent interviews. Sole possession records maintained as such in accordance with FERPA are also included in this category. All drafts of investigation reports shared with the parties are maintained.

Attorney Work-Product

Communications from the Title IX Office or its designees with the University’s legal counsel may be work product protected by attorney-client privilege. These communications are not considered records to be maintained by the Title IX Office or accessible under this policy unless the Title IX Coordinator, in conjunction with legal counsel as necessary, determines that these communications should be included as accessible records.

Record Storage, Access and Retention

Records may be created and maintained in different media formats and this policy applies to all records, irrespective of format. All records created pursuant to the policy, as defined above, must be stored in a database maintained by the Title IX Office and complete records should be transferred to the Office within fourteen (14) days of resolution of the complaint, including any appeal. Any extra (non-essential) copies of the records, both digital and paper, must be destroyed. Any records showing compliance with the Clery Act will be maintained as appropriate for reporting purposes.
All records created and maintained pursuant to this policy must be retained indefinitely by the Title IX Office unless destruction or expungement is authorized by the Title IX Coordinator, who may act under their own discretion, or in accordance with a duly executed and binding settlement of claim, and/or by court of government order.

Access to records created pursuant to the policy or housed in the Title IX Office is strictly limited to the Title IX Coordinator and any individual the Coordinator authorizes in writing, or by the University President’s Office. These persons are expected to only access records pertinent to their scope of work. Anyone who accesses such records without proper authorization may be subject to an investigation and possible discipline, at the discretion of the appropriate disciplinary authority consistent with other relevant University policies and procedures.

The parties may request access to their case file. The University will provide access or a copy within 45 days of the request. Appropriate redactions of personally identifiable information may be made before inspection or any copy is shared. During the investigation, materials may be shared with the parties and should be held confidential.

Jurisdiction of Iowa Wesleyan University

This 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, and 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 this policy to apply and the Formal Grievance Process (Process A) described in this document will be followed.

This overarching policy related to equal opportunity, harassment and nondiscrimination can also be applicable to the effects of off-campus misconduct that effectively deprive a person of access to Iowa Wesleyan University’s educational program and the Administrative Resolution Process (Process B described in Appendix B) will be followed. The University may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator or other conduct official determines that the conduct affects a substantial Iowa Wesleyan University interest.

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, employee 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 substantially interferes with 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. If criminal conduct is alleged, Iowa Wesleyan can assist 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 provided 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.

All vendors serving Iowa Wesleyan University through third-party contracts are subject to the policies and procedures of their employers and/or to these policies and procedures to which their employer has agreed to be bound by their contracts.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator or designee can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an internship, study abroad program, or other environment external to the University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant through other avenues.

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/or provide remedies may be more limited or impossible.

Acting on notice/formal complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When notice/formal complaint is affected by significant time delay, the University may apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/ formal complaint. Typically, this policy is only applied to incidents that occurred after August 14, 2020. For incidents that occurred prior to August 14, 2020, previous versions of this policy will apply. Those versions are available from the Title IX Coordinator.

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 when they involve the use of University networks, technology, or equipment.

Although the University may not control websites, social media, and other venues through 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.

Footnotes
⁽¹⁾For the purpose of this policy, Iowa Wesleyan University defines “student” as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with the University.

⁽²⁾Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility in this Policy.

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