Sexual Assault and Abuse
The following Luther Code sections apply specifically to sexual abuse situations.
The Policy
6.1 Violent, Abusive, or Obscene Acts.
Separate policy statements regarding discriminatory or harassing conduct, which are excerpted from the Faculty Handbook, and are considered to be part of the student conduct code, may be found in that section of this handbook.
6.1.1 Violent, abusive, obscene, or excessively noisy acts, including physical abuse, threat of physical abuse, harassment, or provocations of any person are prohibited.
6.1.2 Sexual abuse is prohibited. Sexual abuse is defined as unwanted sexual activity including, but not limited to rape. Sexual abuse occurs whenever either party has not consented to engage in intimate sexual behavior. Consent is defined as positive verbal affirmation—each party has to receive a verbal “yes.” Sexual abuse also includes taking sexual advantage of any person incapacitated by drugs or alcohol.
Examples of Sexual Abuse:
Sexual abuse includes rape: forcible sexual penetration, however slight of another person’s anal or genital opening with any object: sexual coercion prior to intercourse, as exhibited in menacing verbal pressure or misuse of authority by the offender without physical threats or force; unwanted sexual contact without intercourse; kissing or fondling subsequent to the use of menacing verbal pressure, misuse of authority, threats of harm or actual physical force. Sexual abuse is also the unwanted touching of a person’s intimate parts (defined as genitalia, groin, breasts, or buttocks or clothing covering them) or forcing an unwilling person to touch another’s intimate parts. Sexual abuse can be said to have occurred any time sexual activity occurs without positive verbal affirmation—a verbal “yes.”
Behavioral Examples of Sexual Abuse:
The following are specific examples of incidents that would be termed sexual abuse. These examples are by no means exclusive. Note that students are used in the examples: however, such incidents occurring between a Luther student and a non-student may also come under the jurisdiction of the college:
1. Two students are at a party off campus. They meet, student A invites student B to her/his room and they engage in kissing and touching. Student A removes student B’s clothes without gaining positive verbal affirmation.
2. Two students are at a party and both become intoxicated. Student A is too intoxicated to give positive verbal consent yet student B proceeds to engage in sexual intercourse.
3. Two students become involved in kissing and fondling. Both students have given positive verbal consent. Further along in the evening student A says ”no“ yet student B continues fondling student A.
4. Two students are engaged in sexual intercourse both having given positive verbal affirmation. Student A’s friends join in without positive verbal affirmation from student B.
5. Two individuals are sitting in student A’s room and student B begins giving student A back rub. Student B then begins touching the breasts and/or genitalia of student A without gaining verbal affirmation.
6.1.2.1 Offensive sexual behavior, including, but not limited to, sexual harassment, verbal sexual innuendo, threats, and obscene gestures is prohibited. Examples of offensive sexual behavior: verbal sexual innuendo and insults, direct or indirect threats based on sexual favors, inappropriate humor and jokes about gender specific traits or sexual orientation, sexual propositions, suggestive or insulting sounds and actions including whistling, leering, and obscene gestures.
6.1.3 Telephone, electronic, or other similar harassment, including obscene, annoying, or disruptive and repetitive contacts, is prohibited.
SEXUAL ASSAULT – IF IT HAPPENS TO YOU
Luther College takes seriously any allegation of sexual abuse/assault. Any kind of coercive sexual contact, either by a stranger or someone you know, is sexual abuse. (Please also refer to Article VI of the Luther Code for definitions and examples of sexual abuse.) If you are sexually assaulted, tell someone who can help. Don’t try to handle it alone.
Promptly
1. Contact one of the following resources:
a. Health Service (387-1045; Larsen Hall), 8 a.m.–8 p.m. M–F, 3–7p.m. Sunday
b. Domestic and Sexual Abuse Resource Center 24-Hour Crisis Line (382-2989). A trained advocate can talk with you by phone or meet with you and can provide needed support and information about medical, legal, and counseling resources.
c. Your Hall Director or RA
and/or
2. Secure immediate medical attention at Winneshiek Medical Center Emergency Room (382-2911) for emergency related services. Do not remove any clothing, shower, douche, or do anything that might destroy physical evidence of the assault. Even if the victim thinks s/he will not want to pursue legal action, gathering evidence immediately may strengthen his/her case if s/he later decides to do so. Prompt medical attention is also important to prevent possible pregnancy and to assess and treat STDs. If there is the possibility of drug involvement (rohypnol, “roofies”), it is important for the victim to be tested quickly, as drug presence may not be detected after 4-8 hours.
A Luther staff member or Domestic and Sexual Abuse Resource Center advocate can accompany you to the emergency room. A victim may receive free medical assistance for emergency room related services through the Iowa Sexual Abuse Examination Payment Program. You do not need to make a report to the Police to receive this benefit.
3. Make a prompt report to the Decorah Police Department (382-3667). A Luther staff member or Domestic and Sexual Abuse Resource Center advocate can assist you. Making a report does not obligate you to press formal charges.
Campus Resources
(Monday-Friday, 8 a.m.–5 p.m.)
The following resources are directly available to you for support and information about medical, legal, campus judicial, and counseling options and resources.
1. Counseling Service (Phone 1375; Larsen West)
2. College Ministries (Phone 1040; CFL main floor)
3. Student Life Office (Phone 1020; Dahl Centennial Union 266)
4. Residence Life Office (Phone 1330; Dahl Centennial Union 1st floor)
5. Contact the Dean for Student Life (Phone 1020; Dahl Centennial Union 266) to make a report and to discuss campus judicial options.
Education, Rights, and Responsibilities
Education—Various educational programs (including literature and orientation opportunities) are offered to promote the awareness and reduce the risk of sexual assault. There are several areas where you may become involved in these efforts. Please contact the Student Life Office for further information or for clarification of rights and responsibilities as outlined in the Luther Code or the faculty and staff handbooks.
Disruption to Victim—Victims of sexual assault may request changes in academic or living arrangements if such are reasonably available.
Discipline—Students are encouraged to report sexual assault to civil authorities and may seek assistance from Student Life Staff in doing so. Students may also elect to pursue campus judicial action via the processes outlined in Article VII of the Luther Code. Reporting and specific questions to clarify the discipline process should be directed to the Student Life Office. Students are advised that the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary hearing; and both the accuser and the accused shall be informed of the outcomes of such proceedings. Disciplinary sanctions may include arbitration, education, probation, residential restrictions, and other options including suspension or expulsion.
Judicial/Disciplinary Processes
As noted above, Luther College takes sexual abuse very seriously. It is important that anyone who might be a victim report the incident to a staff person immediately (most likely a Resident Assistant, Hall Director, Security Officer, Health Service, Student Life). Contact the Student Life Office, x1020, to discuss the disciplinary/judicial process, since it can be complicated and there are multiple options.
There is a specific judicial board set up to deal with situations of sexual abuse or other forms of interpersonal violence. Below is some information on this Interpersonal Violence Hearing Board. Please note that the processes followed by the Interpersonal Violence Hearing Board are outlined in the Campus Judicial Processes section of the Student Handbook.
7.3.2.1.1 Interpersonal Violence Hearing Board
A. The Campus Hearing Board shall have a separate branch, known as the Interpersonal Violence Hearing Board, where cases may be referred that deal with cases of sexual abuse or other forms of interpersonal violence.
B. The board will consist of eight members, four students and four employees of the College (from the ranks of faculty, administration, or support staff). A sufficient extra pool of board members will be appointed to insure the convening of at least six members for hearings. A simple majority of those present is sufficient for decision. Decisions will be made, as in other judicial cases, on the preponderance of evidence standard.
C. The President will make annual appointments to this board in consultation with the Dean for Student Life and appropriate faculty and student committees/organizations.