I. INTRODUCTION. This policy is written to increase awareness about sexual assault on campus and to assist students and employees in coping with sexual assault if it occurs.
Although Des Moines University considers this Policy on Sexual Assault and related information pertaining to sexual assault to be of vital importance to University faculty, students and employees, the University must explicitly disclaim any contract, warranty or guarantee of safety as between it and others on the campus arising out of the following policy statements and information.
II. DEFINITION OF SEXUAL ASSAULT. Knowingly engaging in sexual intercourse or other physical contact of a sexual nature without the other person’s consent, including any member of the University community or any other individual while the latter is on institutional premises (or premises of an organization or group recognized by the University).
III. STATEMENT OF POLICY. Any student or University employee charged with sexual assault on or off campus can be prosecuted under criminal statutes and disciplined under the appropriate student or employee handbook, or faculty document. Even if the criminal justice authorities choose not to prosecute, the University reserves the right to pursue disciplinary action.
The goal of the University is to prevent the occurrence of sexual assault in the campus community, reduce vulnerability to sexual assault, improve campus safety, encourage students, faculty and employees to take more responsibility for themselves and others, make the public aware of the nature of sexual assault and its impact on women and men and to reduce the trauma of people who have been sexually assaulted.
IV. PROCEDURES. What to do if you have been sexually assaulted:
A. Find a friend or support person to help you deal with the emotional trauma of having been violated. This person should be with you throughout the crisis situation and follow-up, and should enable you to achieve a sense of participation in and control over the proceedings. This person may be a close friend or counselor of your choosing.
B. Get medical attention. A physical examination will help to assure that any injuries will be identified and treated and that sexually transmitted disease testing will be provided and followed-up. Evidence will be obtained and kept in case the victim decides to press charges. Do not bathe, shower, douche, or change clothes before the examination.
C. Report the rape. Doing nothing is not a viable option. The decision to report an attack belongs to the victim. There are several ways to take action – criminal prosecution through the Des Moines Police Department (telephone 911); grievance through the University discipline system; or by making a blind report to the police, University Security, or to the office of Student Services. Many who commit assault and rape are repeaters and your report may prevent an attack on another victim.
D. Seek counseling. Support by a trained counselor can help the victim understand and work through the trauma of the rape. Counselors can also help others who are close to you. If you wish to choose a counselor, see Section VI.
V. PREVENTION AND EDUCATION. Sexual assault information will be presented by the University Psychiatry Department to all matriculating students during Student Orientation Week. All new employees are supplied like information by the Director of Security and the Personnel Department at employee orientation.
New students and employees will be given copies of the University policy on Crime Awareness and Campus Security Act. This same information will be included in student and employee handbooks and manuals. Everyone concerned is earnestly advised to become totally familiar with University policy and procedures regarding sexual assault.
VI. COUNSELING. Immediate crisis intervention, care, and supportive services are available at the Polk County Victims Services located at 525 SW 5th St, Suite 8, Des Moines, IA 50309. The rape crisis number is 515-286-3535. The regular number is 515-286-3600.
VII. CAMPUS SECURITY. The presence of on-campus security consists of the Security Office (ext. 1471) in the SEB, room 140, supplemented by contract security services which conduct nightly periodic drive and walk-through service of the entire campus. The Security Office has established working relationships with state law enforcement officials, as well as with city patrol and detective officials.
VIII. CONFIDENTIALITY. Complaints of sexual assault will be treated with the maximum possible degree of confidentiality. Only in accordance with legal requirements or where personal safety is at issue will confidential information be acted upon or disclosed to others without complainant’s consent.
IX. Sex Offender Registry and Access to Related Information
Incarceration may remove a sex offender from the streets but it does nothing to prevent the offender from committing another crime when released.
The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, goes into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student.
692A.2 Persons required to register.
1. A person who has been convicted of either a criminal offense against a minor, sexual exploitation, or a sexually violent offense shall register as provided in this chapter for a period of ten years commencing from the date of placement on probation, parole, work release, release from foster care or residential treatment, or other release from custody. A person is not required to register while incarcerated, in foster care, or in a residential treatment program. A person who is convicted, as defined in section 692A.1, of either a criminal offense against a minor or a sexually violent offense as a result of adjudication of delinquency in juvenile court shall not be required to register as required in this chapter if the juvenile court finds that the person should not be required to register under this chapter. If a person is placed on probation, parole, or work release and the probation, parole, or work release is revoked, the ten years shall commence anew upon release from custody.
2. A person who has been convicted of an offense under the laws of this state or of another state which would qualify the person as a sexually violent predator under the federal Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, shall register as provided in this chapter for an indeterminate period terminating only upon a determination by the sentencing court that registration is no longer required.
95 Acts, ch 146, §2; 96 Acts, ch 1134, § 7
Pertinent web site addresses for securing related information are:
Polk County Victims Services
525 SW 5th Street, Suite 8
Des Moines, IA 50309
515-286-3600
The rape crisis number is 515-286-3535
Academic Clinic Counseling
515-271-1681
Sexual assault is a serious, violent and frightening crime directed against women, men and children. Victims of such crimes find the experience painful, humiliating and emotionally disturbing. The Rape Crisis Council has been established to help those victims. Help means a friend who knows what to do; counseling is free and confidential; she can assist you with medical and legal procedures. Don’t suffer alone; call the Rape Crisis Council. The decision to report to the police is yours.