General Orders Details

Purpose

To describe the Indiana University Police Department’s (IUPD) procedures for responding to and reporting sexual harassment complaints.

General Order

All employees of the IUPD are identified as “Responsible Employees” under Indiana University policy UA-03 Discrimination, Harassment, and Sexual Misconduct and will report violations of this policy as required to the appropriate university officials.

Definitions

Sexual harassment – Is defined in Indiana University policy UA-03 Discrimination, Harassment, and Sexual Misconduct, and includes sexual assault, dating violence, domestic violence and stalking.

For Title IX complaint resolution procedures, sexual harassment is defined as conduct on the basis of sex that is sexual in nature that satisfies one or more of the following:

• An employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct; and/or
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances as the Complainant, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

For university complaint resolution procedures, sexual harassment is defined as conduct on the basis of sex that is sexual in nature that satisfies one or more of the following:

• A member of the university conditioning the provision of an aid, benefit, or service of the university, on an individual’s participation in unwelcome sexual conduct.
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive or persistent, and objectively offensive, that it effectively denies a person equal access to the university’s education program or activity.

Severity, pervasiveness, persistence, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances as the Complainant, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Sexual misconduct – Is defined in Indiana University policy UA-03 Discrimination, Harassment, and Sexual Misconduct as a broad term to encompass the range of sex-based behaviors covered by the policy.

Responding to and reporting procedures

The IUPD will not dismiss or overlook behavior that may constitute sexual harassment, even if there is no evidence of a criminal violation. All IUPD personnel are designated as “Responsible Employees” under IU policy and are required to promptly report incidents of sexual misconduct, including all sexual harassment and Title IX violations, to the appropriate sexual misconduct & Title IX coordinator.

When IUPD personnel, sworn or non-sworn, receive information regarding conduct that may constitute a violation of UA-03 Discrimination, Harassment, and Sexual Misconduct, regardless of when or where the incident occurred, the person receiving the information will:

• submit a report of the incident using the university’s designated reporting form, and
• provide the complainant the Sexual Misconduct: Rights, Options, and Resource Guide.

Non-sworn personnel will inform their supervisor of the report. The supervisor will ensure that all required documentation is completed.

If the incident occurred within Clery reportable geography, sworn personnel will complete a case report in IUPD’s Records Management System. This report will include, at minimum, the information that was received, that the report was made via the designated campus reporting form, and that the complainant was provided with the Sexual Misconduct: Rights, Options, and Resource Guide.

If the incident occurred outside Clery reportable geography, officers will document in the IUPD’s Computer Aided Dispatch entry that the report was made via the designated campus reporting form and that the complainant was provided with the Sexual Misconduct: Rights, Options, and Resource Guide.

The Clery compliance coordinators at each IUPD division are responsible for overseeing the process of ensuring these reports are made to the appropriate sexual misconduct & Title IX coordinator.

Related Information

Indiana University

• UA-03 Discrimination, Harassment, and Sexual Misconduct
• Stop Sexual Violence website, How to report an incident: https://stopsexualviolence.iu.edu/report/index.html#report