Policies, Key Terms, and Frequently Asked Questions
Policies & key terms
IU’s Sexual Misconduct Policy covers all members of our community, regardless of gender, sexual orientation, gender identity, immigration and citizenship status, and professional or academic position. These policies apply to interactions between peers as well as superior-subordinate relationships. It doesn’t matter who you are—if you experience sexual misconduct, it isn’t your fault.
Indiana University will not tolerate sexual violence or other acts of sexual misconduct and will take action to prevent and address these incidents.
When an incident of sexual assault or domestic violence occurs, victims may not be sure how to respond. Below are some definitions and frequently asked questions. Click each one to see if we can provide some support to the questions you may have.
Important definitions
Violence or the threat of violence by an individual against another individual who:
is or was a spouse of;
is or was living as if a spouse of;
has a child in common with;
is a minor subject to the control of; or
is an incapacitated individual under the guardianship or otherwise subject to the control of the other individual regardless of whether the act or threat has been reported to a law enforcement agency or results in a criminal prosecution.
*There is often a "cycle of abuse" during which tensions rise and an act of violence is committed, followed by a period of reconciliation and calm.
*Victims may be trapped in violent situations through isolation, power and control, lack of financial resources, fear or shame.
Violence or the threat of violence committed by any individual 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 individuals involved in the relationship.
*There is often a "cycle of abuse" during which tensions rise and an act of violence is committed, followed by a period of reconciliation and calm.
*Victims may be trapped in violent situations through isolation, power and control, lack of financial resources, fear or shame.
Sexual contact or behavior from one person directed at another without their consent (includes rape, attempted rape, sexual assault, sex trafficking, sexual harassment, etc.).
Non-consensual Sexual Penetration is committed when an individual subjects another individual to sexual penetration without the consent of the individual, and/or by force.
Non-consensual Sexual Contact is intentional sexual touching by an individual of the intimate area of another individual (i.e., genitals, breasts, buttocks) or intentional sexual touching of another individual with any of these body parts, without the consent of the individual, and/or by force.
A course of conduct targeted at an individual or group that would cause a reasonable person to feel afraid. (e.g. following, texting, calling, unwanted letters, gifts, home invasion etc.).
Sexual harassment, sexual assault, other forms of sexual violence, dating violence, domestic violence, sexual exploitation and stalking. For purposes of this policy, sex- or gender-based discrimination is considered sexual misconduct.
Is an agreement expressed through affirmative, voluntary words or actions, and mutually understandable to all parties involved, to engage in a specific sexual act at a specific time.
Consent can be withdrawn at any time, as long as it is clearly communicated
Consent cannot be coerced or compelled by force, threat, deception or intimidation
Consent cannot be given by someone who is incapacitated
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
A person is incapable of consent if they are unable to understand the fact, nature, extent, or implications of the situation due to drugs, alcohol, a mental disability, being asleep or unconscious, or based on their age (pursuant to Indiana law). With respect to alcohol and drugs, intoxication and/or impairment is not presumptively equivalent to incapacitation.
(Consent does not exist when the individual initiation sexual activity knew or should have known of the other person’s incapacitation).
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.
Most employees are considered responsible employees, which means they have to share any information they know about an incident of sexual misconduct with the university or Director of Institutional Equity. Responsible employees include, but are not limited to, faculty and other instructors, academic advisors, coaches and athletic staff that interact directly with students, student affairs administrators, residential hall staff, supervisors, and employees in university offices that serve students.
Certain university employees – based on their own professional licensure and the nature of their role on campus – have been identified by the university as Confidential Employees and are available to speak with individuals about incidents of sexual misconduct and maintain the individual’s desire for anonymity and absolute confidentiality.
The university’s Confidential Employees include, but are not limited to:
Licensed, professional mental health counselors working in that capacity, and those they supervise;
Health care professionals and staff located in on-campus health care centers.
Victim Advocates – based on the nature of their role on campus – are available to speak with individuals about incidents of interpersonal violence and maintain the individual’s desire for anonymity. In compliance with the Clery Act and in order to help ensure the safety of our campus community, victim advocates providing services on campus will be required to inform IUPD of the following:
Whether or not the incident occurred on campus and
If the incident occurred on campus, the date the incident occurred.
A victim/survivor does not have to initiate a report if they choose not to. However, a report can be made to Office of Institutional Equity or IU Southeast Police. A victim/survivor has the choice to report to on-campus or off-campus authorities.
Only the following campus titles are considered confidential, everyone else has an obligation to report the incident to the Director of Institutional Equity:
Licensed mental health professionals
Victim Advocates
No, the victim/survivor does not have to report to law enforcement or to campus police whether or not they receive basic medical attention or complete a sexual assault examination.
IU Southeast Police Department UC 027 (812) 941-2400
Office of Institutional Equity UC 231 (812) 941-2599
*A victim/survivor does not have to initiate a report if they do not want to.
Sexual assault forensic examination
It is the victim/survivor’s choice to have a sexual assault examination. A victim/survivor does not have to make a police report in order to receive a sexual assault examination. The sexual assault examination can be completed by a Sexual Assault Nurse Examiner (SANE) at Baptist Floyd Health (New Albany), University of Louisville Hospital (Louisville) or Center for Women and Families (Louisville campus).
Victims/survivors who present more than 5 days (120) hours after the assault will not routinely receive a medical forensic exam; however, under extenuating circumstances and with the professional discretion of the SANE, a medical forensic exam may be performed.
The exam consists of documentation of the assault along with a physical exam for evidence collection which may include swabbing for DNA, photographs, and body diagrams. The SANE is responsible for obtaining a pertinent medical history, providing the exam, providing patient education about STI’s, prevention of pregnancy, and offering medications as currently recommended by the Centers for Disease Control which includes possible exposure to STI’s, prevention of pregnancy, and HIV prophylaxis.
If a victim/survivor needs assistance getting to the hospital, they can call Center for Women and Families at (Indiana campus) (812) 941-6743 or (Louisville campus) (502) 753-2200. If on campus, a victim/survivor can also contact campus police at (812) 941-2400.
It’s FREE.
No contact orders
The victim/survivor can receive assistance from an advocate if they wish to obtain either a harassment restraining order or an order of protection by calling Center for Women and Families (Indiana Campus) (812) 944-6743 or (Louisville Campus) (502) 581-7200. No contact orders can also be obtained at the New Albany Police Department (812) 948-5300.
If the victim/survivor makes a complaint with the Dean of Students, the campus can issue a “no contact” to the respondent requiring them to have no contact with the victim/survivor. The campus can also make other accommodations to ensure safety and well-being.
