Student Sexual Misconduct Policies and Procedures

I.  Policy Statement on Student Sexual Misconduct and Interpersonal Offenses

Luther College is committed to creating and maintaining a safe and healthy environment where all members of the community—students, faculty, staff, and visitors—are treated with respect and dignity. Therefore, the college will not tolerate sexual misconduct in any form. Sexual misconduct is not only an act against an individual; it is also an act that affects the entire college community. Acts of sexual harassment, sex offenses, stalking, dating violence and domestic violence are inconsistent with our educational mission.

Maintaining a safe environment requires that any sexual behavior be consensual. Special emphasis is placed on violence prevention, providing support to those who may have been victimized, and ensuring enforcement of institutional policy and law. The College seeks to balance the rights, needs, and privacy of those students who may have been victimized, as well as those students who have been accused, while maintaining the health and safety of the campus community.

This policy describes prohibited conduct in which a Luther student is involved, including sexual harassment, sex offenses, stalking, dating violence and domestic violence; identifies resources and support provided to survivors; establishes procedures for reporting alleged incidents; and articulates the College’s commitment to preventing violations and responding appropriately when incidents do occur. This policy is an elaboration of the Luther Code of Conduct. Violations of this policy are violations of the Luther Code of Conduct and are subject to the same jurisdiction, regulations, conduct procedures and sanctions as described in the Code of Conduct and/or highlighted below.

The College does not tolerate sexual harassment, sex offenses, stalking, dating violence and domestic violence, regardless of whether the individual engaged in the offensive behavior is a student, faculty member, staff member or visitor to the campus. These behavioral expectations and core values are consistent across the College. However, the College has distinct policies and procedures for the investigation, resolution and remedying of complaints, depending on whether the accused is a student (this policy applies), a staff member (Professional Conduct Policy, Staff Handbook), or a faculty member (Professional Conduct Policy, Faculty Handbook).  These policies are also available in the Faculty and Staff Handbooks or by contacting a Harassing Conduct Officer. Complaints against non-community members (e.g., visitors to the campus, returning alumni, etc.) should be reported to the Safety and Security Office, who will investigate the incident. Appropriate action, including banning the individual from College property where appropriate, will be implemented.

Luther College encourages students who believe they have experienced sexual harassment, sex offenses, stalking, dating violence and domestic violence to report incidents to appropriate College authorities as described in part IV of this policy. Perpetrators will be subject to strict disciplinary action by the College, up to and including suspension, expulsion, or other appropriate sanctions. Retaliation against an individual who in good-faith brings a complaint, participates in an investigation or hearing related to allegations, or pursues legal action is prohibited and will not be tolerated.

This policy applies to conduct that occurs on Luther’s campus or property and in all College programs and sponsored activities. Non-community members (guests, alumni, vendors, parents, etc.) visiting our campus or participating in College programs or events are also expected to abide by the behavioral expectations set forth here. Conduct that occurs off-campus and not in connection with College programs may violate this policy if the conduct creates a threatening or hostile environment on campus or within a College program, or if the incident causes concern for safety or security of the College’s campus.

This policy applies to the individual behavior of students and the collective behavior of student organizations.

This policy applies to sexual and gender-based harassment (including harassment based on sexual orientation), sex offenses (including sexual exploitation), stalking, domestic violence, and dating violence. Please see the College’s Discriminatory and Harassing Conduct Policies and Procedures for the College’s policy on other forms of discriminatory or harassing conduct.

II. Definitions

Luther College’s policy provides the following definitions for purposes of clarity and navigation of the policy. This policy uses the term “sexual misconduct” to refer to all forms of inappropriate sexual communication or behavior, including that which takes the form of sexual harassment, stalking, non-consensual sexual activity, sexual exploitation, dating violence, and intimate partner violence (defined below). This policy also uses the term “complainant” to refer to a person who is the victim/survivor of a violation of this policy and the term “respondent” to refer to a person accused of committing a violation of this policy.

  • Sexual Harassment
  • Stalking
  • Non-consensual Sexual Activity

§   Non-consensual Sexual Contact

§   Non-consensual Sexual Intercourse

  • Sexual Exploitation
  • Dating Violence
  • Domestic Violence
  • Consent

A. Harassment
Sexual harassment refers to unwelcome sexual or gender-based conduct. When sexual harassment becomes so severe or pervasive as to interfere with an individual’s ability to work, learn or participate in the College’s programs, it is called a sexual or gender-based “hostile environment”. Harassing conduct can occur in various forms. The following list provides examples of the kind of behavior that may be harassing.

Verbal — such as vulgar or lewd statements, gender-based name-calling, sexually suggestive or graphic comments, or comments that demean a person because of his or her gender.

Physical — such as unwanted rubbing of a person’s back, neck, buttocks or thighs, pinching, sexual gestures, or sexual intimidation through physical means.

Visual — such as exposing another person to unwanted pornographic magazines or videos, or displaying suggestive or lewd pictures.

Communication-based — such as sexually graphic, threatening or vulgar phone calls, social media, email, text messages, chats or blogs.

Or any combination of these.

A determination as to whether a hostile environment has been created depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying.  Luther College reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of a hostile environment as defined by applicable law. Further, the College encourages students and others to report incidents that concern them even if the incidents are not particularly egregious, as early reporting assists the College to address and correct situations before they become so severe or pervasive as to create a hostile environment.

Luther College also prohibits “quid pro quo” harassment. “Quid pro quo” (or “this for that”) harassment occurs when a person in a position of authority or control links the receipt of some benefit (such as a grade, or the ability to join a group or participate in a program) to another’s submission to unwelcome sexual advances or sexual conduct or requires the other to perform or submit to demeaning or degrading sex or sexually-charged acts. “Quid pro quo” harassment can be expressly stated, but it also can be implied by words, actions or the surrounding circumstances. Examples of “quid pro quo” harassment include:

  • The leader of a student organization permits a student to join the group only if the other student allows the leader to watch the student engaged in a sexual act.
  • A student in a position of authority disciplines or fires another student who refuses sexual advances or ends a romance.

The above definitions and explanations are provided for educational and illustrative purposes. A person reporting an incident of concern need not worry about which category of sexual misconduct applies to the situation or whether all elements of a particular definition of misconduct have been met. An individual reporting an incident of concern is expected only to relay the facts in good-faith; College representatives trained in responding to sexual misconduct will assist the complainant in determining whether the incident may constitute a violation of this policy.  Students should never feel pressured to engage in sexual relationships or activity of any kind with any Luther College faculty or staff member.  In fact, Luther College faculty and staff are prohibited from engaging in a dating, romantic, or sexual relationship with students who are currently enrolled in their courses or who are under their direct supervision in any way.  While not strictly prohibited in other situations, any romantic relationship or interaction between faculty or staff and a student is strongly discouraged. If a student believes that a faculty or staff member is behaving in an inappropriate way, the student should report the situation immediately.

B. Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Stalking includes, but is not limited to, repeatedly engaging in contact, face-to-face communication, via social media, telephone calls or messages, text messages, emails, letters, the giving of unwanted gifts, threatening or obscene gestures, surveillance, following, trespassing or vandalism.

C. Identifying Harassment in the Community

Luther College is a vibrant academic environment that encourages discussion of competing ideas both inside and outside the classroom and in both formal and informal settings. Some topics may make a person uncomfortable or take a student outside his or her comfort zone. This policy is not intended to ban debate over socially controversial ideas or issues. Rather, it is intended to protect individuals from being subjected to offensive, humiliating or intimidating sexual or gender-based conduct that has no merit in or relevance to the academic setting.

As an example of this distinction, the policy would not prohibit debate concerning the advantages and disadvantages of various religious or social systems’ approach to the rights of men versus women, even if some students disagreed with others’ views and were offended by statements made. Similarly, this policy would not prohibit controversial figures from speaking on campus even if the individual’s viewpoint or speech were offensive to some, nor would this policy prohibit artistic freedom of expression. However, this policy would prohibit a student from yelling obscenities at women as they passed his dorm window. Likewise, this policy prohibits one student from using sexually demeaning language to refer to another student.

D. Non-Consensual Sexual Activity

Non-Consensual Sexual Contact (or attempts to do the same)

Non-consensual sexual contact refers to any intentional sexual touching, however slight, with any object or body part by a person upon another person without consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Non-consensual sexual contact also includes any disrobing of another or unwelcome exposure from one person to another without consent.

Non-consensual Sexual Intercourse (or attempts to do the same)

Non-consensual sexual intercourse refers to any sexual penetration or intercourse (anal, oral or vaginal), however slight, with any object or body part, by a person upon another person without consent. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

E. Sexual Exploitation

Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Non-consensual Sexual Contact or Non-consensual Sexual Intercourse. Examples of sexual exploitation include, but are not limited to:

• Sexual voyeurism (such as watching a person undressing, using the bathroom or engaging in sexual acts without the consent of the person observed).

• Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without or beyond the limits of the photographed person’s consent).

• Sexual Exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection; includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent; and acts of incest.

• Fee for services (such as collecting financial payments collected for the purpose of sexual acts).

F. Dating Violence

Dating violence refers to violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim/survivor and where the existence of such a relationship shall be determined based on a consideration of factors that include the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship. This violence can occur in opposite-sex or same-sex relationships.

G. Domestic Violence

Domestic violence refers to physical violence between spouses or former spouses, cohabitating romantic partners or individuals who were formerly cohabitating romantic partners, individuals who share a child in common, or others in a family relationship.

H. Consent

Consent is knowing, voluntary and clear permission by word or action, by all participants to a sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. 

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of the sexual interaction). This policy also covers a person whose incapacity results from mental disability or physical restraint.

Consent can’t be given in situations where force was used to gain sexual access. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation and coercion that overcome resistance or produce consent.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Past consent to engage in sexual activity cannot be presumed to be consent to engage in sexual activity in the future. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.

Please recall that no person who is underage can ever consent to sexual activity of any kind. Therefore, sexual contact with or behavior toward a minor is prohibited. The age of consent in Iowa is 16. However, federal law criminalizes certain activity (even if consensual) with a person under the age of 18. A person engaging in sexual activity is responsible for ensuring that his/her sexual partner is of legally consenting age. Any sexual contact or activity with a person under the age of consent is necessarily non-consensual for the purpose of this policy and the law. Any person who believes that any minor may have been abused or subjected to sexual behavior or content of any kind on our campus or by one of our students or employees should report the situation immediately.

III.          Non-Retaliation Assurance

A. Amnesty

To remove barriers to reporting, the College will not pursue potential policy violations of the complainant that may have occurred in the context of an alleged violation of this policy (for example, Policy on Alcohol and Other Drugs). Conversely, the use of alcohol or other drugs will never function as a defense to a violation of this policy.

B. Retaliation

Students have the right to report violations of this policy and participate as a witness in an investigation or hearing without fear of retaliation. Retaliation includes threats, intimidation, or reprisals. For example, it would be retaliatory to intimidate a witness or to shun a person from a student organization in retribution for the person having made complaints. It would also be retaliatory to use social media as a means to negatively influence the reporting student or witnesses.

Luther College strictly prohibits retaliation by any student against a person who makes a report, assists someone with a report, or participates in any aspect of the investigation or resolution of a report.

Acts of retaliation by students are subject to the standard disciplinary procedure set forth in the Code of Conduct and, in certain cases, may result in suspension. Acts of retaliation by other members of the community, such as faculty or staff, are subject to sanction as set forth in the respective Student, Faculty or Staff Handbooks.

IV. Making a Complaint and the College’s Response

Law Enforcement: Any person may call 911, the Decorah Police Department (563-382-3667) or College Safety and Security Office (563-387-2111) for immediate safety assistance. If you or someone else needs help, call for immediate assistance. An individual who has been the victim of the crime is encouraged to, but is not required to, make a criminal complaint with the Decorah Police Department. A complaint to the Decorah Police Department results in a criminal investigation to determine if criminal charges will be filed. Any student who wishes to have support or assistance in filing a criminal complaint should contact the Safety and Security Office, and a College security officer will provide assistance.

A delay in reporting could hinder prosecution at a later time. Therefore, students are encouraged to make a report as soon as possible. In criminal cases, the preservation of evidence is critical and must be done properly and promptly. For example, in cases of rape or other forms of sexual assault, it is important not to shower, change clothes and even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs.

The College disciplinary process and the criminal process are not mutually exclusive. This means that an individual may pursue both complaint avenues at the same time, and students are encouraged to do so for any act of sexual misconduct that may constitute a crime. If appropriate, the College may postpone temporarily its proceedings so as not to interfere with law enforcement. Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by another person. Luther will abide by all legally issued orders of protection, including denying the restricted person access to Luther’s property.

On Campus “Mandatory Reporting” Resources: An individual may make a complaint to one of the Mandatory Reporting Sources listed below. If the complaint is made verbally, the Complainant may or the Mandatory Reporting Source will follow up with a written complaint document. The College will take responsive action, which may include discipline of the offending student (e.g., suspension, expulsion and so on) in accordance with the College’s internal disciplinary procedures according to the procedures listed below.

The following mandatory reporting individuals and offices are specially designated by the College to receive complaints of misconduct and are equipped to follow up on allegations. The College encourages reports to be made directly to the following individuals or offices. These individuals and offices will respond to allegations with respect for the privacy of those allegedly involved in the incident, to the extent possible while still responding appropriately to the allegations:

Harassing Conduct Officers: Andrew Bailey, Main 119, x1697; Marty Berg, Dahl Centennial Union 204, x1289; Mark Johns, Campus House 105, x1347; Kathryn Reed, Jenson-Noble 171, x1315.

Title IX Coordinator (Director of Human Resources), Main 25, x1134

Student Life Office (Deans and Student Conduct Coordinator), Dahl Centennial Union 266, x1020

Hall Directors/Area Coordinators/Resident Assistants, residence halls

Residence Life Office, Dahl Centennial Union 124A, x1330

Safety and Security Office, Dahl Centennial Union 129, x2111 (24 hours, seven days/week)

Because the College takes allegations of sexual misconduct very seriously, we expect faculty and staff to report all allegations to the Title IX officer. However, if a complaint is made to another individual or office, the Complainant risks the possibility that the alleged Code of Conduct violation will not come to the attention of proper College officials and may, therefore, not be acted upon. Individuals with complaints are therefore encouraged to report directly to one of the Mandatory Reporting Sources above. An individual may make a report to a Mandatory Reporting Source and request that the College take no investigatory or disciplinary action. The College endeavors to comply with complainants’ wishes with respect to whether responsive action is taken. However, that is not always possible. If a complainant requests that no action be taken against the accused (i.e., no investigation or disciplinary action), the College decision as to whether the request can be granted will depend on the seriousness of the offense, whether there was a single accused or multiple in the incident, whether there is reason to believe that the accused has engaged in this or similar conduct previously, whether the circumstances suggest an ongoing or future risk to the campus community or the complainant, and similar considerations. A decision will be made and shared with the complainant.

Similarly, a complainant may desire to have investigatory and/or disciplinary action taken, but may wish to have his/her identity as the complainant kept confidential. Depending on the circumstances, this may or may not be possible. If any number of people could have reported the incident, it may be possible for the complainant’s identity to remain confidential and not shared with the respondent. However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the complainant. If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the College’s ability to respond to the complaint may be limited. The appropriate administrators will discuss the situation and the complainant’s request for confidentiality, and a decision will be made and shared with the complainant.

The College retains the right to act upon any information that comes to its attention. A complainant who desires emotional support only in a confidential setting is encouraged to contact one of the confidential resources listed below.

B. Confidential Resources. Students may wish to seek confidential counseling or support.

On Campus Confidential Resources: The following on-campus individuals are designated as confidential resources; they will seek to maintain information received as private and will not share confidential information with College officials or others, unless required to do so by law. This means that information shared with these individuals does not result in an investigation or remedial action. A student who wishes to have the College take responsive action should make a report to a Mandatory Reporting source (see above):

Campus Pastors/Catholic Chaplain, College Ministries, Center for Faith and Life, x1040

College Licensed Mental Health Counselors, Counseling Service, Larsen Hall, x1375

College Nurses/Physicians, Health Service, Larsen Hall, x1045

Decorah Area Confidential Resources: Students may also choose to seek out confidential counseling or support off campus. Information shared with these resources is not reported to the College. Resources include:

Winneshiek Medical Center, 901 Montgomery St., Decorah, 563-382-2911

Riverview Center Sexual Assault Hotline, 563-380-3332

Decorah Police Department, 400 Claiborne Dr., Decorah, 563-382-3667

C. Timeframe for Making a Complaint:

While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, students are encouraged to make a complaint as soon as possible after the incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. Nevertheless, officials will help the complaining student to report the allegations to the appropriate off-campus law enforcement authorities.

D. Interim Actions

As appropriate, Luther will implement initial remedial and responsive actions upon notice of alleged violation of this policy. Such actions are determined by the context of the situation and will be based upon ensuring the student who filed the complaint has full access to their educational resources. A survivor need not necessarily pursue disciplinary or other action against the perpetrator in order to have access to remedial measures.  

Remedial actions may include, but are not limited to:

-          No contact order

-          Room change for involved students; the accused student may be required to be moved

-          Assistance with arrangements for academic work (extended deadlines, rescheduled exams, etc.)

-          Taking an incomplete in a course

-          Other accommodations for safety as necessary, such as escorts or increased monitoring of areas

E. The College’s Response

1. Complaints of violations of this policy may be made by students, faculty members, staff members, or non-community members to one of the Harassing Conduct Officers, a Vice President or Dean, the Human Resources Office, a Residence Life staff member, or the Safety and Security Office.

2. Sexual misconduct and the other behaviors covered by this policy is a violation of the Luther Code of Conduct. The Code of Conduct outlines the procedures for addressing complaints against students including a description of the rights of Complainants and Respondents, student code authority and policy jurisdiction, prohibited behaviors, conduct procedures, possible sanctions, interim suspension, and the appeals process. Violations of this policy, including sexual misconduct offenses, are handled in a manner similar to the process outlined in the Code of Conduct.

3. Additional procedures related to addressing complaints of violations of this policy follow:

a. Complaints will be promptly investigated. For most complaints, investigations will be done by the Director of Campus Safety and Security, a Student Life Dean, or a Harassing Conduct Officer if the Respondent is a student, and by a representative of the Human Resources Office or a Harassing Conduct Officer if the Respondent is a faculty or staff member.

b. If the Respondent is a student, the person investigating the complaint will prepare a written fact-finding report in consultation with the Vice President and Dean for Student Life. The investigation will generally include, at a minimum, separate interviews of the Complainant and the Respondent. The Complainant and the Respondent will be permitted to have an advisor/support person present during their respective interviews. The investigator will also gather and review other evidence as deemed necessary. The College endeavors to complete investigations within 15 class days of the date the report is made. Occasionally, a particular situation may require additional investigation time.

c. The Vice President and Dean for Student Life and/or the Student Conduct Coordinator shall, based on the available evidence including the fact-finding report and the information gathered by the investigator, make an initial determination that the charges either do or do not appear to have merit. They may, at their discretion, conduct additional investigations and/or institute a formal hearing before the Luther College Hearing Board. Ordinarily, the initial decision regarding the charges is reached within 7 class days of the date the investigation is complete.

d. If the charges do appear to have merit, the Vice President and Dean for Student Life and/or the Student Conduct Coordinator may resolve the charges administratively by mutual consent of the parties involved on a basis acceptable to the Vice President and Dean for Student Life and/or the Student Conduct Coordinator. Such disposition shall be final, and there shall be no subsequent proceedings.

e. If the charges do appear to have merit and cannot be resolved administratively, a formal hearing is held in a manner specified in the Code of Conduct for all college hearing boards, except to the extent special rules apply to cases brought pursuant to this policy as stated in the Code of Conduct. The Luther College Hearing Board will hear the complaint. Ordinarily, a Luther College Hearing Board hearing will be scheduled within 15 class days of the completion of the investigation.

f. The Complainant and the Respondent will be permitted to each have a support person present during the hearing; however, this support person will not participate directly in the hearing.

g. The Complainant and the Respondent will have an equal opportunity to offer witnesses and evidence.

h. In cases where a student is charged with a violation of this policy and other Code of Conduct violations, the Vice President and Dean for Student Life may refer all charges to be heard and decided by the Luther College Hearing Board.

4. A complaint will be resolved as follows:

a. The charges may be resolved administratively (including the imposition of sanctions), by mutual consent of the parties involved, on a basis acceptable to the Vice President and Dean for Student Life and/or the Student Conduct Coordinator. Administratively resolutions may not be appealed.

b. The Luther College Hearing Board may find that the Code of Conduct/Student Sexual Misconduct Policy and Interpersonal Offenses has been violated; the Student Conduct Coordinator, in consultation with the hearing board, may impose disciplinary sanction(s) as outlined in the Code of Conduct and/ or take other appropriate action.

c. The Luther College Hearing Board may find that the Code of Conduct/Student Sexual Misconduct Policy and Interpersonal Offenses was not violated; the complaint will be dismissed.

d. The Luther College Hearing Board may conclude that information about the case was insufficient to establish a violation; the complaint will be dismissed. Please note that the standard of proof that applies to a Luther College Hearing Board proceeding is a “preponderance of the evidence” (which means a determination of “more likely than not”).

e. Ordinarily, the Luther College Hearing Board will issue its decision within 7 class days of the hearing.

5. Complainants and Respondents will be notified about the Luther College Hearing Board decision with a rationale for the decision, in writing simultaneously. To appeal a decision reached by the Luther College Hearing Board, please refer to the entire appeals process as described in the Code of Conduct. Please note that appeals shall be made in writing and shall be delivered to the Student Conduct Coordinator or his/her designee within five class days of receiving the decision.

F. Sanction Statement

·         Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

·         Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.*

·         Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The conduct body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregious behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.

G. Statement of Student Rights

A Student Who Reports a violation of this policy is entitled:

·         To be treated with respect by college officials.

·         To be made aware of available options.

·         To take advantage of campus support resources.

·         To experience a safe living and educational environment. Students should consult with a dean in the Student Life Office.

·         To be made aware of options that are available including the aforementioned support resources, remedial actions, timeframe to file a complaint and resolution options.

·         To be advised of the status of an investigation, remedial actions that have been taken, preparations for an on-campus hearing, the outcome of a hearing and assessed sanctions (if appropriate), whether an appeal has been filed and/or the outcome of an appeal.

·         To have an advisor present during a Luther College Hearing Board hearing in accordance with the Luther Code of Student Conduct.

·         To have irrelevant prior sexual history disallowed in a Luther College Hearing Board hearing.

·         To refuse to have an allegation resolved through informal resolution procedures.

·         To not be prosecuted for minor misconduct that is ancillary to the incident that is a violation of this policy.

·         To be free from retaliation.

A Student Respondent of a violation of this policy is entitled:

·         To be treated with respect by college officials.

·         To take advantage of campus support resources.

·         To have an advisor during a Luther College Hearing Board hearing in accordance with the Luther College Code of Student Conduct.

·         To be advised of the status of an investigation, remedial actions that have been taken, preparations for an on-campus hearing, the outcome of a hearing and assessed sanctions (if appropriate), whether an appeal has been filed and/or the outcome of an appeal.

·         To have irrelevant prior sexual history disallowed in a Luther College Hearing Board hearing.

·         To refuse to have an allegation resolved through informal resolution procedures.

·         To be heard in accordance with the Luther College Code of Student Conduct.

H. Administration of this Policy

The College’s Title IX Coordinator is responsible to ensure the College’s compliance with this policy. Any questions or concerns about the administration of this policy or any person’s failure to adhere to this policy, please contact the Title IX Coordinator, Main Hall 25, x1415.

Inquiries and complaints may be made externally to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-1100

Customer Service Hotline #: 800-421-3481

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

E-mail: OCR@ed.gov

Web: http://www.ed.gov/ocr

Reviewed and updated by Legal Counsel, August 2014
Update approved by Campus Life Committee, May 2013

Some aspects of this policy were adapted from policies of Colgate University, NCHERM, ATIXA and the University System of Ohio.