Please note: This policy is currently under review.

To provide feedback about this policy during the review period, please email policies@iu.edu.

Indiana University Seal

Sexual Misconduct UA-03

Scope

This Indiana University policy is designed to protect all members of the University community:

  • all students
  • all employees: academic, staff, temporary (hourly)
  • others including volunteers and visitors while on Indiana University property or involved in an Indiana University program off-campus.

The policy applies regardless of gender, sexual orientation, gender identity, immigration status and citizenship status. It applies to relationships among peers as well as to superior-subordinate relationships.

Other IU policies and codes related to misconduct will remain in effect for complaints of misconduct other than sexual misconduct. However, any complaint of misconduct that includes elements defined below will be addressed in accordance with this sexual misconduct policy and included procedures.

Back to top

Policy Statement

Indiana University prohibits discrimination on the basis of sex in its educational programs and activities. Discrimination on the basis of sex is also prohibited by federal laws, including Title IX that governs the University’s response to sexual harassment and sexual violence, which includes rape, acquaintance rape, domestic violence, dating violence, sexual assault, sexual exploitation, and stalking (see Definitions below). Such behaviors are against the law and are unacceptable behaviors under Indiana University policy. (See the Indiana University Non-Discrimination Policy here.) These unacceptable behaviors are hereafter referred to as “sexual misconduct.” Sexual misconduct is a violation of University policy and state and federal law; the University does not tolerate sexual misconduct and it will take action to prevent and address such misconduct. This policy is intended to comply with all relevant state and federal legislation including Title IX. The University has jurisdiction over all Title IX complaints. Questions about Title IX may be directed to Indiana University’s Title IX coordinator, or the Office of Civil Rights (See Additional Contacts below).

Individuals who have experienced sexual misconduct, as well as those who have knowledge of or believe they have observed sexual misconduct, are strongly urged to report such incidents promptly. Indiana University will provide a prompt, fair and impartial investigation and resolution for every sexual misconduct report and, when there is a finding of sexual misconduct, issue appropriate sanctions and remedial measures. The severity of the corrective action, up to and including discharge or expulsion of the offender, will depend on the circumstances of the particular case. Any person who is a responsible employee (as defined below), including those in a position of authority at the University such as administrators, supervisors, managers or faculty members, and who has received a report or has knowledge of sexual misconduct, must make a report to designated university officials or be subject to disciplinary action (see Responding to a Report below). Retaliation against anyone who makes a report of sexual misconduct is prohibited by University policy as well as Title IX. Persons found responsible for retaliation will be sanctioned.

Procedures for reporting, investigating and adjudicating sexual misconduct cases are part of this policy and are included or linked below. In exceptional cases, and upon consultation with the Vice President and General Counsel, the University reserves the right to take prompt action without employee or student conduct proceedings or order reconsideration of a case.

On or Off Campus Behaviors

This policy applies to sexual misconduct that occurs on campus or in the context of any University program or activity, including off-campus conduct in the context of a University program or activity. This policy also applies to sexual misconduct that has a continuing adverse effect or creates a hostile environment on campus or in any University program or activity whether on or off campus. Prohibited conduct that takes place off campus is covered in this policy when it is sexual misconduct in connection with an academic course assignment, internship, practicum, field trip, student teaching, research, or other University activity or sexual misconduct in connection with any activity sponsored, conducted, or authorized by the University or by a student organization; or where the sexual misconduct undermines the security of the University community or the integrity of the educational process or poses a serious threat to self or others.

Consent

Consent – is expressed through affirmative, voluntary words or actions mutually understandable to all parties involved:

  • Consent is given for a specific sexual act at a specific time and can be withdrawn at any time.
  • Consent cannot be coerced or compelled by duress, threat, or force.
  • Consent cannot be given by someone who, for any reason, cannot understand the facts, nature, extent, or implications of the sexual situation occurring, including, but not limited to, those who are under the legal age of consent, asleep, unconscious, mentally or physically impaired through the effects of drugs or alcohol, or mentally impaired due to an intellectual or other disability.
  • Consent cannot be assumed based on silence, the absence of “no” or “stop”, the existence of a prior or current relationship, or prior sexual activity. (IU def.)
Misuse of Policy

This policy may not be used to knowingly bring false or malicious charges against any employee, student or recognized student organizations. Disciplinary actions will be taken against any person or group found to have brought a charge of sexual misconduct in bad faith. 

Intellectual Inquiry and Debate

In determining whether sexual misconduct has occurred and what type of remedy, if any, might be appropriate in a given case, the University will also account for the fact that free intellectual inquiry, debate, and constructive dialogue are vital to the University’s academic mission and must be protected even when the views expressed are unpopular or controversial. Accordingly, any form of speech or conduct that is protected by the First Amendment is not subject to this policy.

Sexual harassment is prohibited by Title IX and University policy when it creates a "hostile environment"–that is, when the harassment is sufficiently severe, pervasive or persistent that it denies or limits a person’s ability to participate in or benefit from University programs. The definition of sexual harassment in this policy is meant neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, including matters involving sex, sexual orientation, or gender identity or expression, when in the judgment of a reasonable person they arise for legitimate pedagogical purposes. To create a hostile environment, something beyond the mere expression of views, words, symbols or thoughts that some people find offensive, must exist.

Awareness, Education, Prevention and Training Programs:

Every IU campus shall publicize and conduct ongoing programs for students and employees and other members of the University community to promote awareness of the problems caused by sexual misconduct and to help prevent and attempt to reduce the risk of the occurrence of sexual misconduct. These educational programs shall include information on how and where to report incidents of sexual misconduct, resources available, as well as safe and positive options for bystander intervention that may be carried out by individuals to prevent harm or intervene when there is a risk of sexual misconduct being inflicted on another person. Employee training shall be provided to all new employees, responsible employees, those designated as campus security authorities, and those involved in receiving, investigation, adjudication and otherwise responding to charges of sexual misconduct. Training will include reporting and response obligations, as well as information about how to prevent and identify sexual misconduct. Individuals involved in implementing the University’s sexual misconduct procedures will be trained on issues and applicable policies and procedures relating to sexual misconduct, as well as how to conduct the investigation and hearing process in a manner that protects the safety of both parties and promotes fairness and accountability. 

Duties of Title IX Coordinator

Indiana University has designated Julie Knost to serve as the institution’s Title IX Coordinator.

Julie V. Knost
University Director
Office of Affirmative Action & Equal Opportunity
Poplars Building, rm 825
400 East Seventh Street
Bloomington, IN 47405
812-855-7559
jknost@indiana.edu

The Title IX Coordinator will be informed of all reports of sexual misconduct, and will oversee the University’s review, investigation, and resolution of those reports to ensure the University’s compliance with Title IX and the effective implementation of this policy. The Title IX Coordinator will have adequate training on what constitutes sexual harassment, including sexual violence.

The Title IX Coordinator is:

  1. Responsible for oversight of the investigation and resolution of all reports of sexual harassment, sexual violence, stalking, and intimate partner violence involving students, staff, and faculty;
  2. Knowledgeable and trained in University policies and procedures and relevant state and federal laws;
  3. Available to advise any individual, including a complainant, a respondent, or a third party, about the courses of action available at the University, both informally and formally, and in the community;
  4. Available to provide assistance to any University employee regarding how to respond appropriately to a report of sexual misconduct;
  5. Responsible for monitoring full compliance with all procedural requirements, record-keeping, and timeframes outlined in this policy; and
  6. Responsible for overseeing training, prevention, and education efforts, and any reviews of climate and culture.

Deputy Title IX Coordinator/s for each campus will be responsible for tracking and reporting to the University Title IX Coordinator all incidents of sexual misconduct on their respective campus. Deputy Title IX Coordinators will work with the University Title IX Coordinator to ensure that the appropriate designated campus officials are involved in investigating and adjudicating complaints according to IU's applicable policies and procedures. Generally, when the complaint is against an employee or third party, the Deputy Title IX Coordinator will conduct the investigation. When the complaint is against a student, the Deputy Title IX Coordinators will coordinate the investigation with the appropriate campus student affairs official(s).

Deputy Title IX Coordinators and senior student affairs professionals on each campus will work with the University Title IX Coordinator to ensure that adequate education, training, sanctions, and appropriate resources are available and provided on their respective campus. Student affairs professionals are expected to assist in educating the campus community and directing those who report an incident of sexual misconduct to the appropriate campus resources

Back to top

Reason for Policy

Indiana University is committed to the safety and well-being of all members of the University community including students and employees. Sexual misconduct is prohibited by state and federal law, as well as Indiana University policy. Indiana University recognizes that sexual misconduct may result in grave and often long-lasting effects on those involved and is committed to timely investigation of allegations of sexual misconduct, use of interim measures when appropriate, and appropriate actions and consequences following investigations. Indiana University is committed to compliance with state and federal laws regarding sexual misconduct, required reporting to state and federal agencies, and to working with law enforcement officials and agencies. The University is also committed to using its resources in research and education to improve preventative programs.

Back to top

Procedures

Immediate Assistance:

In an emergency or if you see a crime in progress, always call 911 immediately.

Each campus of the University shall provide, publicize and keep updated, information for immediate assistance, including contact information for emergency and medical assistance, counseling services, as well as local law enforcement. Information about ways to report anonymously or to speak to a confidential employee will also be provided for each campus.

The University and each campus will provide written information to anyone who has experienced sexual misconduct, about:

  • University procedures dealing with Sexual Misconduct, including to whom and how the alleged offense should be reported;
  • The importance of preserving evidence that may assist in proving the alleged criminal offense occurred, as well as how to preserve such evidence;
  • Options about the involvement of law enforcement; and
  • Rights and University responsibilities with respect to orders of protection and how to obtain such orders.

This information will also be widely publicized on http://stopsexualviolence.iu.edu/

See more information on Immediate Assistance and the contacts for each campus »

Reporting an Incident:

In an emergency or where immediate help is needed, call 911. 

Anyone wishing to report an incident of sexual misconduct can do so using the following methods:

  • Reporting directly to campus or local law enforcement;
  • Reporting directly to the student judicial conduct office or Dean of Students for the campus;
  • Reporting directly to the Deputy Title IX Coordinator for the campus; or
  • Reporting directly to the Title IX Coordinator.

Note, all reports of sexual misconduct that are not initially reported to the Deputy Title IX Coordinator(s) for the respective campus, will be shared with the Deputy Title IX Coordinator(s) as well as the University Title IX Coordinator in a timely manner. In addition, if a report of sexual misconduct is not made initially to IUPD, and the information indicates it may be a crime reportable under the Clery Act, non-identifying information regarding the date, time, location and nature of the crime will be shared with IUPD for purposes of complying with the Clery Act. If the University and/or Deputy Title IX Coordinator(s) receive a report that indicates law enforcement should be informed and involved due to the potential threat to health and safety of the individual or the University community, they will share the information with IUPD (see confidentiality section).

See more information on Reporting an Incident »

Sexual Misconduct Involving a Child

Sexual misconduct involving a child (anyone under 18 years of age) must be reported. Indiana state law requires that any person who has reason to believe that a child is a victim of child abuse or neglect has an affirmative duty to make an oral report to Child Protective Services (CPS) 1-800-800-5556 or to their local law enforcement or to the IU Police department. Failure to report may result in criminal charges. See the IU policy on Programs Involving Children for more information.

Amnesty

The University strongly encourages students to report instances of sexual misconduct. Therefore, students who provide information regarding sexual misconduct will not be disciplined by the University for any violations of the Code of Students Rights and Responsibilities related to drug or alcohol consumption in which they might have engaged in connection with the reported incident of sexual misconduct.

Students are also afforded immunity against certain charges for alcohol related crimes under Indiana’s Lifeline Law in connection with a report of a medical emergency, so long as they cooperate with law enforcement at the scene. (See IC 7.1-5-1-6.5)

Responding to a Report of Sexual Misconduct:

The University encourages anyone who has experienced sexual misconduct to talk to someone about what happened – to ensure they are informed of the available support, resources and complaint processes and to allow the University to respond appropriately.  The information below explains the obligations of certain employees to share information brought to their attention, as well as those employees to whom individuals may speak anonymously regarding an incident of sexual misconduct.

Responsible Employees
A “responsible employee” includes those University employees who have the authority to redress sexual misconduct, who have the duty to report incidents of sexual misconduct, or who a student could reasonably believe has this authority or duty.

The University’s responsible employees include, but are not limited to:

  • All instructors, including full-time professors, adjuncts, lecturers, associate instructors (AIs), and any others who offer classroom instruction or office hours to students;
  • All advisors;
  • All coaches, trainers, and other athletic staff that interact directly with students;
  • All student affairs administrators;
  • All residential hall staff;
  • All employees who work in offices that interface with students; and
  • All supervisors and university officials.

When an individual tells a responsible employee about an incident of sexual misconduct, that individual has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

A responsible employee must report to the Title IX Coordinator or the Deputy Title IX Coordinator(s) for their campus all relevant details of alleged sexual misconduct that are known or reasonably known to them, or that have been shared with them, and that the University will need to determine what happened –including the names of the individual(s) affected and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

Information reported to a responsible employee will be kept in confidence and will be shared only with people responsible for handling the University’s response to the report. While a responsible employee should inform and encourage (and consider offering assistance to) the individual to contact law enforcement for assistance, the responsible employee may not share personally identifying information with law enforcement without the consent of the individual who experienced the sexual misconduct, unless they have knowledge that the individual has also reported the incident to law enforcement, or in the event of an emergency or existing threat to anyone’s health and safety.

Responsible employees should make every effort to ensure that all individuals, including students, understand that the employee is obligated to make a report to the designated  Title IX Coordinator(s) in the event they are made aware of an incident of sexual misconduct. If an individual making a report wishes to maintain anonymity when discussing an incident of sexual misconduct, the individual should be directed to speak to a confidential resource rather than disclosing information to the responsible employee (see below).

Individuals seeking absolute confidentiality must be directed to the University’s confidential employees (see below).

If the individual making the report informs a responsible employee that they have experienced sexual misconduct, but also expresses a desire that the University not investigate the matter, the responsible employee must still report the information as required, and inform the individual that the University will consider the request, but cannot guarantee absolute confidentiality. (See Confidentiality below.) In reporting the details of the incident to the Title IX Coordinator, the responsible employee should also inform the Coordinator of the person’s request for confidentiality. 

Confidential Employees
Certain University employees – due to the nature of their role on campus – are available to speak with students about incidents of sexual misconduct and maintain the student’s desire for absolute confidentiality.  These Confidential Employees are exempt from the reporting requirements of responsible employees (addressed above). Students who desire anonymity in seeking assistance about sexual misconduct should be referred to a Confidential Employee. 

The University’s confidential employees include, but are not limited to:

  • Licensed, professional mental health counselors working in that capacity;
  • Health care professionals and staff located in on-campus health care centers; and
  • Any staff or specialists on a campus specifically designated as non-professional sexual assault advocates.

The University and each campus shall identify and publicize confidential employees. 

IUPD officers can file a confidential report, detailing the incident without revealing your identity, to the extent allowed by state and federal laws. Reports filed in this manner may be counted and disclosed in the annual statistical disclosure for the university, without revealing any personally identifiable information.

See more information on Responding to a Report of Sexual Misconduct by Employee Role »

Privacy and Confidentiality

Privacy
The University is committed to safeguarding the privacy of the parties in a manner consistent with the objective to effectively investigate and prevent incidents of sexual misconduct.  In all cases, the University will share the parties’ information and details of the allegation only with University officials, law enforcement personnel, and other individuals who have a legitimate administrative or legal reason to be so informed.

Confidentiality
If a person discloses an incident to a responsible employee but indicates their desire for confidentiality (i.e., a request that no investigation into the particular incident be conducted, a request that no disciplinary action be  taken, a request that the alleged perpetrator not be notified, or similar requests), the responsible employee shall still convey report the information to the designated officials, but the University will weigh such requests against its obligation to provide a safe, non-discriminatory environment for all students, including the person who experienced the sexual misconduct. At times, the University may not be able to honor a request for confidentiality in order to provide a safe, non-discriminatory environment for all students. If the University determines that it is able to honor a request for confidentiality, the person making the request must understand that the University’s ability to meaningfully investigate the incident and respond appropriately may be limited. 

The University has designated the following individual(s) to evaluate an individual’s request for confidentiality in connection with a report of sexual misconduct: the Title IX and Deputy Title IX Coordinator(s), in consultation with senior student affairs administrators on each campus and University legal counsel, where appropriate.

A separate federal law requires that University employees report incidents in a non-identifying way that does not affect requests for confidentiality. The University must collect, report and publish reports of incidents and crime statistics and to comply with the Clery Act and Title IX. 

Investigation

Upon receipt of a report of sexual misconduct, the University will respond promptly to investigate and provide interim measures where appropriate. Procedures after a report of sexual misconduct will follow the steps listed below depending on whether the respondent is a student or employee. Employees who are students may be subject to procedures for students or employees, or both, at the sole option of the University.  Investigation of the alleged misconduct shall be conducted by the University Title IX Coordinator, a Deputy Title IX Coordinator, a campus judicial conduct officer (if alleged student misconduct), or another appropriate designee.  All investigators shall have the appropriate training. 

If the person identified as having engaged in sexual misconduct is not a student or employee of the University, the University shall take all appropriate measures to determine information regarding the individual, what occurred, whether another entity needs to be contacted to join in or assume an investigation (e.g. another institution of higher education), and to provide assistance in notifying the proper law enforcement authorities. The University will also provide interim and remedial measures, to the extent possible, to protect the reporting individual and eliminate any hostile environment. If upon investigation, it is determined that the individual was responsible for sexual misconduct and has a continuing relationship with the University, the University shall consider appropriate sanctions to prevent further harm and eliminate the hostile environment.

In addition, the University reserves the right to investigate circumstances that may involve sexual misconduct in situations where no complaint, formal or informal, has been filed.

Interim and Remedial Measures

Procedures for incidents involving students and employees will include providing appropriate and necessary interim measures pending the result of an investigation and remedial measures that will be long-term and continuous. Both interim and remedial measures are available to an individual who has experienced sexual misconduct, regardless of whether they move forward with their complaint. Interim and remedial measures may vary depending on the individual’s campus, the individual’s needs and the specific circumstances.  These measures could include no contact orders, assistance in changing academic, living, transportation, and/or work situations; counseling services; victim advocacy services; and assistance in obtaining protective orders. Interim measures may also include suspension of the respondent pending completion of the investigation. 

Possible Criminal Proceedings

Individuals with a possible criminal case that have not made their initial compliant via the police will be provided with information about how to file a complaint with law enforcement. Individuals may also choose to obtain assistance from campus authorities in notifying law enforcement. Students may decide not to notify law enforcement authorities, and proceed with a University investigation.

Both a student conduct investigation at the University and a criminal case may be initiated and/or proceed simultaneously. The University will cooperate with law enforcement and if requested, defer its fact gathering for a brief period during the evidence gathering stage of a criminal investigation. However, the University will not consider its investigation on hold pending a criminal prosecution or investigation and will continue to communicate with individuals and address the need for any interim measures regarding safety and well-being and resume fact gathering as soon as permitted.

The determination by law enforcement whether or not to prosecute a respondent or the outcome of a criminal proceeding does not determine whether a violation of University policy has occurred.

  • Procedures for Responding to Incidents Involving Allegations of Sexual Misconduct by or against Students

    The University strongly encourages individuals to report any acts of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence (collectively referred to as “Sexual Misconduct") to appropriate officials so that action may be taken against an alleged violator of the Code of Student Rights, Responsibilities, and Conduct (“Student Code”), via the student discipline process. Students who experience Sexual Misconduct may also pursue criminal charges with the law enforcement agency with the appropriate jurisdiction in addition to, or instead of, pursuing cases through the University process. Individuals who identify as victims/survivors and are members of the Indiana University community are also encouraged to visit the Student Welfare Initiative website at http://stopsexualviolence.iu.edu  for more information on resources and services available on their campus.

    1. Investigation: When a victim/survivor (hereafter referred to as "complainant") reports an incident of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence, her/his desires regarding the university's pursuit of the matter will be determined. Thereafter, the University will take immediate and appropriate steps to investigate the incident. If the complainant requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with those requests, keeping in mind that the University must weigh such requests against its obligation to provide a safe, non-discriminatory environment for all students, including the complainant. 

    a. If the decision is made to proceed, the student allegedly involved in misconduct (hereafter referred to as "respondent") will be:

      1. Notified that the University’s student discipline process has been initiated.
      2. Provided a date by which an appointment must be made to discuss the matter.

    b. Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter.

    c. Failure to comply with a request to make and/or keep an appointment relevant to an investigation may result in a disciplinary hold being placed on a student’s account and/or the initiation of charges for student conduct failure to comply.

    d. In the case of an employee believed to have information relevant to an investigation, failure to comply with a request to make and/or keep an appointment, or to otherwise cooperate in the University’s investigation, shall be brought to the attention of their supervisor and HR, and may possibly result in sanctions against the employee if noncooperation is determined.

    e. Upon completion of the investigation, the University will provide notice of all relevant charges and conduct a judicial conference.

    The investigation and subsequent judicial conference will be concluded within 60 days, absent extraordinary circumstances.


    2. Judicial Conference: The respondent is required to attend the judicial conference. The complainant has an equal right to attend the judicial conference and participate to the same extent as the respondent, if he or she chooses. If either respondent or complainant is unavailable to participate in person based on significant travel or schedule restrictions, participation by other means may be made available.

    a. Judicial Conference Hearing Panel

      1.  A hearing panel will be assembled for the judicial conference. The hearing panel is composed of three administrative staff members, who have completed the required training.
      2. The judicial conference is closed. However, the complainant and respondent may each select one advisor of his/her choice and expense to accompany him/her at any point in the disciplinary process. Advisors are limited to an advisory role and may not speak for students. Both parties will be afforded similar and timely access to view any information that will be used at the hearing.

    b. Procedures for a Judicial Conference

      1. The complainant and respondent will be informed of the facts alleged. The respondent may, but need not, respond to allegations.
      2. Both the complainant and the respondent will have equal opportunity to present oral and/or written evidence.Evidence regarding a party’s past sexual behavior or activity will generally be prohibited, except in connection to evidence of past sexual activity between the parties to demonstrate consent or where the exclusion of such information would adversely affect the integrity or fairness of the judicial conference.
      3. The judicial conference is recorded. Deliberations by the panel, following the conference, are not recorded.
      4. If, after deliberations the hearing panel determines that the information available in the judicial conference does not support by a preponderance of the evidence (more likely than not) that a violation of the Student Code has occurred, the hearing panel will dismiss the charges and notify both the respondent and the complainant by means of a written notice. The complainant and/or respondent may request an appeal (see section 3a).
      5. If, after deliberations, the hearing panel determines that the information available in the judicial conference does support by a preponderance of the evidence (more likely than not) that a violation of the Student Code has occurred, the hearing panel will notify both the respondent and the complainant and will assign a sanction by means of a written notice. The respondent and/or the complainant may request an appeal (see section 3a).
      6. If the respondent fails to appear at the judicial conference, s/he may explain the failure to appear in writing to the University within two business days of the scheduled conference. Written documentation supporting the cause of absence must be included. Within three business days after receiving the respondent's letter, the University will notify the respondent and the complainant whether the judicial conference may be rescheduled. The judicial conference will be rescheduled only under extraordinary circumstances.
      7. If the respondent fails to appear and such failure is not excused, the respondent's right to an appeal will be automatically forfeited, and the outcome reached in absentia will go into effect, unless the sanction imposed is or includes expulsion from university housing, suspension from the university, or expulsion from the university.
      8. Possible sanctions for cases in which students are found in violation of the Student Code for acts of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence include, but are not limited to formal warnings, disciplinary probation, suspension, and permanent expulsion.

    3. Appeal: The respondent or the complainant may appeal the decision of the hearing panel to the Senior Student Affairs Administrator on the respective campus, or his/her designee. To initiate an appeal, respondent/complainant must send written notice of appeal to the University. The written notice must include the basis for appeal (See Section 3b.).

    a. Timing: The notice of appeal must be filed no later than five calendar days after the date of the written decision of the Hearing Panel is sent. If no written request for an appeal is received by the University within the time specified, the request for an appeal will not be reviewed, any sanction(s) proposed by the hearing panel will be imposed, and the action will be final.

    b. Basis for Appeal: The Senior Student Affairs Administrator will have the sole discretion in determining whether the basis for appeal has been met and whether the appeal can move forward. An appeal must be based on one of the following criteria:

      1. Significant procedural error that reasonably would have affected the outcome of the student’s case.
      2. The sanction imposed is grossly disproportionate to the violation(s) committed, in light of all relevant aggravating and mitigating factors, and in consideration of applicable university guidelines.

    c. Decision and Sanction: If the basis for appeal has been met, the Senior Student Affairs Administrator will review the written appeal and the pertinent part of the judicial conference record only. The Senior Student Affairs Administrator will not consider new evidence or information that is not a part of that record. The Senior Student Affairs Administrator must render a decision within 10 calendar days of receipt of the appeal and may take any of the following actions:

      1. Affirm the original decision regarding responsibility.
      2. Affirm the original decision concerning the disciplinary sanction/s to be imposed.
      3. Set aside the original decision regarding responsibility and impose a new decision.
      4. Set aside the original decision regarding responsibility and order that a new judicial conference be held before a new hearing panel.
      5. Set aside the original decision concerning the disciplinary sanction/s to be imposed and impose a different sanction or set of sanctions.

    d. The Senior Student Affairs Administrator or his/her designee is required to notify the respondent and the complainant, in writing, of his/her decision and will initiate the necessary procedures to effectuate the decision.

    e. The decision of the Senior Student Affairs Administrator or his/her designee is final and there will be no further appeals.

    4. Notice: To the extent possible, the complainant and the respondent will be provided notice of the outcome of the Judicial Conference, in person, with an accompanying written notice provided. In addition, the parties shall be provided, to the extent possible, simultaneous written notice of the outcome of the Judicial Conference, the appeals process, and the appeal decision, if applicable. In the event the appeal decision changes the results of the outcome of the Judicial Conference notice of such change shall be provided before those results are final, and include an explanation of when those results will become final.

    In exceptional cases and upon consultation with the Vice President and General Counsel, the University reserves the right to take prompt action without conduct proceedings.

  • Procedures for Responding to Incidents Involving Allegations of Sexual Misconduct by Employees

    Note: University-wide procedures for responding to incidents of sexual misconduct by employees will be developed soon. In the meantime, existing employee misconduct and grievance procedures on IU campuses may be followed, but must include the following components to ensure that all considerations required by state and federal law are given to the complainant and respondent in sexual misconduct cases:

    • The University Title IX Coordinator and/or the Deputy Title IX Coordinator(s) for the respective campus, or their designee, will serve as the Investigator.
    • The University will use a “preponderance of the evidence” standard (more likely than not) when determining responsibility.
    • The investigation should be completed within 60 days, absent any extraordinary circumstances.
    • In appropriate cases, the University may offer informal resolution, such as mediation, with the consent of the complainant,  however, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. Informal resolution may not be used in cases involving any sexual violence.
    • Evidence regarding a party’s past sexual behavior or activity will generally be prohibited, except in connection to evidence of past sexual activity between the parties to demonstrate consent or where the exclusion of such information would adversely affect the integrity or fairness of the judicial conference.
    • If the final decision indicates, by a preponderance of the evidence, that the employee is responsible for violating this or any applicable University policy, prompt and equitable corrective measures will be implemented to stop any continuing misconduct, remedy the effects of the misconduct, and prevent its reoccurrence.
    • Possible sanctions include, but are not limited to, additional required training, suspension without pay, and termination.
    • The University may also take corrective action where no sexual misconduct is found, but the respondent employee is found to have otherwise engaged in inappropriate behavior in the workplace or while engaged in a University activity or program.
    • To the extent possible, the reporting party and the responding party will be notified simultaneously of the outcome of the investigation.
    • Throughout the process, both the complainant and the respondent must have equal opportunities to present information, have advisors present if applicable, and pursue an appeal, if applicable.
    • Appeal procedures may include the review of appropriateness of sanctions, but shall not revisit findings of fact as determined in the investigation. Any University official reviewing an appeal must be trained appropriately.

    In cases in which a student is the reporting person and the employee is the responding persons, the University will provide to the student the types of procedural, academic and residential adjustments, and support protections and opportunities described in this policy, to the extent practicable. 

Back to top

Definitions

For purposes of addressing complaints of sexual misconduct against or by University students and employees, the following uniform definitions shall be used by the University:

Advisor - means any person, including legal counsel, who assists the respondent or complainant during a conduct proceeding or related meetings. Advisors may not actively participate or speak during such proceedings.  In certain circumstances where a party may be unable to speak on their own behalf, an advisor may present a statement prepared by the party.

Bodily injury - shall mean physical pain, illness, or any impairment of physical condition.

Campus security authority (CSA) - a term used in the Clery Act to describe someone who has significant responsibility for student and campus activities. The Clery Act (34 CFR 668.46) defines a CSA as:

  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department such as an individual who is responsible for monitoring entrance into institutional property.
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.

Pastoral and professional counselors are not considered a campus security authority when acting in their roles as a pastoral or professional counselor.

A CSA has the responsibility to ensure that information regarding any crimes reported to them, is conveyed to the University for record keeping and reporting purposes.

See more information »

Complainant - refers to the victim/survivor in University sexual misconduct procedures.

Confidentiality - means that the University will not disclose the names of individuals involved in sexual misconduct cases to others except on a need to know basis or as required by law. Confidentiality is not the same as anonymity, where an individual is not named or personally identified.

Consent – is expressed through affirmative, voluntary words or actions mutually understandable to all parties involved:

  • Consent is given for a specific sexual act at a specific time and can be withdrawn at any time.
  • Consent cannot be coerced or compelled by duress, threat, or force.
  • Consent cannot be given by someone who, for any reason, cannot understand the facts, nature, extent, or implications of the sexual situation occurring, including, but not limited to, those who are under the legal age of consent, asleep, unconscious, mentally or physically impaired through the effects of drugs or alcohol, or mentally impaired due to an intellectual or other disability .
  • Consent cannot be assumed based on silence, the absence of “no” or “stop”, the existence of a prior or current relationship, or prior sexual activity. (IU def.)

Dating violence - violence committed by any person who is or has been in a relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interactions between the persons involved in the relationship. (based on VAWA definition 42 U.S.C. 13925(a))

Domestic violence - includes conduct that is an element of an offense under Indiana Statute IC 35-42 (which includes crimes against a person) or a threat to commit an act described in IC 35-42 by a person against a person who:

(1) is or was a spouse of;
(2) is or was living as if a spouse of;
(3) has a child in common with;
(4) is a minor subject to the control of; or
(5) is an incapacitated individual under the guardianship or otherwise subject to the control of the other person regardless of whether the act or threat has been reported to a law enforcement agency or results in a criminal prosecution.( IC 5-26.5-1-3)

Force or threat of force - (a) the use of physical force which overcomes the person’s resistance or (b) the threat of physical force, express or implied, against the person or a third party that places the person in fear of death or in fear of serious personal injury to the person or a third party where the person reasonably believes that the actor has the present or future ability to execute the threat.

Hostile environment - when conduct is sufficiently severe, pervasive or persistent to limit or deny a person’s ability to participate in or benefit from the University’s educational programs or affects employment.

Indiana University Property – Buildings, grounds, and land that are owned by Indiana University or controlled by Indiana University via leases or other formal contractual arrangements to house ongoing IU operations.

Intimate partner - means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this definition, dating relationship means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.

Intimate parts - means the genital area, groin, inner thighs, buttocks or breasts.

Investigator - a University official authorized to investigate and recommend remediation of complaints of sexual misconduct.

Member of the University community - includes any individual who is a student, staff, faculty member, University official, or any other individual employed by, or acting on behalf of, the University. An individual’s status in a particular situation shall be determined by the Investigator or Title IX Coordinator.

Past sexual behavior - means a person’s sexual behavior other than when the sexual misconduct is alleged to have occurred.

Rape - Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (FBI definition.)

Respondent - is any member of the University who is charged with one or more acts of sexual misconduct.

Finding of Responsibility - means that it is more likely than not that an actor has committed one or more acts of sexual misconduct. In other words, a preponderance of the evidence standard must be used when determining responsibility for sexual misconduct.

Responsible Employee – includes any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate University designee; or whom a student could reasonably believe has this authority or duty. This includes, but is not limited to:

  • All instructors, including full-time professors, adjuncts, lecturers, AIs, and any others who offer classroom instruction or office hours to students;
  • All advisors;
  • All coaches, trainers, and other athletic staff that interact directly with students;
  • All student affairs administrators;
  • All residential hall staff;
  • Employees who work in offices that interface with students; and
  • All supervisors and university officials.

A Responsible Employee must report complaints of or other information regarding an incident of sexual misconduct to the University Title IX Coordinator and/or the Deputy Title IX Coordinator(s) on their campus.

Retaliation - includes intimidation, threats, harassment, adverse changes in work or academic environments or other adverse actions threatened or taken against the complainant or a third party, including witnesses, by the respondent or any other person, in an attempt to retaliate against, prevent or otherwise obstruct the reporting of sexual misconduct.

Sexual assault - is committed when an actor subjects a person to sexual penetration (see below) (i) without the consent of the person, (ii) when the actor knew or should have known that the person was mentally or physically incapable of resisting or appreciating the nature of the person’s own conduct, (iii) or when the person is less than sixteen years of age.

Sexual assault is also committed when an actor subjects a person to sexual contact (see below) (a) without consent of the person, or (b) when the actor knew or should have known that the person was physically or mentally incapable of resisting or appraising the nature of the person’s own conduct, (iii) or when the person is less than sixteen years of age.

Sexual contact - means the intentional touching of a person’s intimate parts or the intentional touching of a person’s clothing covering the immediate area of the person’s intimate parts. Sexual contact also means the touching by the person of the actor’s intimate parts or the clothing covering the immediate area of the actor’s intimate parts when such touching is intentionally caused by the actor. Sexual contact shall include only such conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party.

Sexual exploitation - manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit, or any other non-legitimate purpose. Examples of sexual exploitation include but are not limited to:

  • Exposing one’s genitals without consent;
  • Non-consensual streaming, audio- or video-recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without consent of all parties involved;
  • Allowing others to view sexual acts (whether in person or via a video camera or other recording device) without the consent of all parties involved;
  • Engaging in any form of voyeurism (e.g., “peeping”);
  • Prostituting another individual;
  • Compelling another individual to touch his or her own or another person’s (third party) intimate parts without consent;
  • Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and
  • Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

Sexual harassment - is unwelcome conduct or behavior of a sexual nature. Sexual harassment includes sexual violence (see definition). Both violent and non-violent sexual harassment is prohibited. Sexual harassment can include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment creates a hostile environment when the conduct is sufficiently severe, pervasive or persistent to limit or deny a person’s ability to participate in or benefit from the University’s educational programs or affects employment, and is prohibited.

Sexual misconduct - includes sexual harassment, sexual violence, dating violence, domestic assault, domestic violence, rape, sexual assault, sexual exploitation, and stalking.

Sexual penetration - means sexual intercourse in its ordinary meaning, cunninlingus, fellatio, anal intercourse or any intrusion, however slight, of any part of the actor’s or person’s body or any object manipulated by the actor into the genital or anal openings of the person’s body which can be reasonably construed as being for nonmedical or nonhealth purposes. Sexual penetration does not require emission of semen.

Sexual violence - refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to use of drugs or alcohol, or due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion.

Stalking - a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity. (IC 35-45-10-1)

Student - includes all individuals taking courses at the University, whether full-time or part-time, pursuing undergraduate, graduate, or professional studies, whether or not they reside in the University residence halls. Individuals who withdraw after having allegedly committed sexual misconduct, or who are not officially enrolled for a particular term, but who have an expected continued academic relationship with the University, may be considered “students.”

Student Affairs Officer - individuals authorized by the University and the campus chancellor or provost to be responsible for the administration of the Student Code of Rights and Responsibilities on a campus, and in certain circumstances includes his or her designee.

Title IX Coordinator - the individual designated by the University to coordinate University’s compliance with Title IX and respond to allegations of sexual misconduct by members of the University community In some circumstances this can include his or her designee.

University - means Indiana University.

Back to top

Sanctions

Violations of this policy by an individual will be dealt with in accordance with applicable University policies and procedures, referenced above, which may include disciplinary actions up to and including termination from the university.  Violations of law will be addressed by law enforcement and may result in criminal penalties. 

Back to top

Additional Contacts

Back to top

History

This policy was established in 2014. It incorporates and supercedes the Indiana University Policy Against Sexual Harassment which was effective in 1998.

Back to top