Sexual misconduct (dating violence, domestic violence, sexual assault, and stalking)

Indiana University prohibits discrimination on the basis of sex or gender in its educational programs and activities, including the crimes of dating violence, domestic violence, sexual assault, and stalking as those terms are defined for the purposes of the Clery Act, as well as in the state of Indiana and under Indiana University policy. In addition, Indiana University prohibits sexual harassment, all forms of sexual violence, and sexual exploitation.

A summary of the definitions is as follows: 

• Domestic Violence at Indiana University is violence committed which would constitute a felony or misdemeanor crime under criminal law:
  • By a current or former spouse or intimate partner of the Complainant;
  • By a person with whom the Complainant shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Indiana; or
  • By any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of Indiana.

• Dating Violence violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

• Sexual Assualt includes:
  • Sex Offenses, Forcible—Any sexual act directed against another person, without the consent  of the Complainant, including instances where the Complainant is incapable of giving consent. It includes:
  • Forcible 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 Complainant.
  • Forcible Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • Sexual Assault With An Object—To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • Forcible Fondling—The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • Sex Offenses, Nonforcible— Nonforcible sexual intercourse. It includes:
  • Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Indiana law.
  • Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent according to Indiana law IC 35-42-4-9.
• Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to
  • fear for the person’s safety or the safety of others; or
  • suffer substantial emotional distress. 
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.

Additional information about awareness and prevention can be found at http://stopsexualviolence.iu.edu. The chart below lists primary prevention programs for students and employees, as well as examples of the types of ongoing programs and events for both students and employees that are offered every year on each IU campus. Additionally, all campuses hold events and programs that include resource tabling and informational presentations on consent and IU’s Discrimination, Harassment, and Sexual Misconduct Policy. In-person presentations are also given to groups of faculty and staff as requested and needed covering the Discrimination, Harassment, and Sexual Misconduct Policy and the reporting obligations of Responsible Employees. All incoming first year, transfer, and international undergraduate students, regardless of age or experience, must complete the mandatory assigned modules in Prevention Education for All IU Undergraduate Students. Prevention Education for All IU Undergraduates is a platform for online courses for incoming undergraduate students that covers alcohol, drugs, and sexual violence prevention. The learning modules are presented in Vector LMS for Higher Education, a platform for engaging and meaningful learning. For more information visit: https://kb.iu.edu/d/biiu.