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Annual Security Report
2006-07
In compliance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and in order to promote the safety and security of the campus community, the following information is provided to the Dordt College community. For the knowledge and awareness of the campus community, a list of crime statistics is provided in this report which reflects specified crimes which must be reported under the Clery Act. This information is updated on an annual basis and is available to current students and employees, and to prospective students and employees.
Procedures for Reporting Criminal Activity
1. Reporting Criminal Activity in Progress. Though the seriousness of the situation and the urgency of response must be determined by the caller, do not hesitate to request maximum and immediate help by calling 911. Criminal activity may also be reported by calling the following:
a. Sioux Center Police (M-F, 8:00 a.m. to 5:00 p.m.) 722-0761 (nights, weekends, holidays) 737-2280
b. Campus security (6:00 p.m. to 6:00 a.m.) 722-6116
c. Student Services (8:00 a.m. to 5:00 p.m.) 722-6070
d. Switchboard (7:00 a.m. to 12:00 midnight) 722-6000
e. The residence life staff in your residence hall. Inform your RD, CA, or RA as soon as possible of any criminal activity you have reported.
2. Reporting Completed Acts of Criminal Activity.
Incidents of personal assault/injury, theft, vandalism, accidents, etc., should be reported by calling 911 if immediate medical or safety concerns need to be met. Otherwise, notify your RD, CA, RA or student services to file a report. The college will either handle the situation internally or will inform the Sioux Center Police and request their assistance. The victim of the crime will be informed of the college's action and may always pursue direct police involvement.
A crime is "reported" when a victim or witness brings it to the attention of the local police or a campus security authority. The Clery Act defines campus security authorities to include 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. Student services staff members (excluding the dean of chapel and personal counselors. see point 4 below), residence life personnel (including RAs and CAs), the Athletic Director, team coaches, club advisors, and members of the Student Life Committee are considered campus security authorities and are required, for the purpose of documenting criminal activity and to allow the college to follow up, to report details of criminal activity to the Vice President for Student Services.
3. Crime Advisories.
Criminal activity which represents a continuing danger to the campus community will be reported by such means as the Today, special posted announcements, verbal warnings, etc. The immediacy of a report will be determined with the help of the local police on a case-by-case basis in light of all the facts surrounding the crime.
4. Reporting and Confidentiality.
Crime victims' need for confidential counseling must be weighed with the need of the broader campus community to be aware of situations that may affect personal safety and feelings of security. Therefore, the college has identified the dean of chapel, the director of personal counseling, and other staff members acting in the capacity of professional counselor as individuals with whom students may discuss a criminal act for the purpose of counsel or advice and who do not have to report the information shared by the student. These individuals will disclose to the vice president for student services that a certain class of crime took place. Information such as the individual's name and specifics of the situation will be kept confidential if the individual so desires. All other student services staff members and residence life personnel are required to report details of criminal activity to the Vice President for Student Services, who serves as the designated college official responsible for meeting the campus security reporting requirements.
Campus Safety Programs
Programs and information regarding many aspects of personal safety are provided on campus throughout the year. These programs are intended to inform students and employees about security procedures and to aid in the prevention of crimes. Examples of programs and information offered include New Student Orientation sessions, Residence Life programs, periodic all campus e-mail messages and notices placed in the TODAY.
Access to Campus Facilities
The campus center is open 24 hours a day to allow access to phones, the Eckardt lounge, mailboxes, and restrooms. All other buildings on campus are locked at night by campus security or residence life staff starting at 9:00 p.m. and are opened in the morning by maintenance staff at about 6:00 a.m. (The East Campus apartments are not locked. Residents of the apartment complexes are responsible for locking their own apartment unit). Campus security staff members are on duty from 6:00 p.m. to 6:00 a.m. and periodically check buildings during this time period.
Campus-wide cooperation is expected between faculty, staff, and students to assure that doors opened after lock-up are secured once they have been used. Students must receive authorization from a faculty member to remain in a building after the scheduled closing time. Students who do not have proper authorization will be asked to leave the building.
All residence hall residents are responsible for locking the door to their own room. The college is not responsible for stolen or damaged possessions. Students are urged to keep their own doors locked when the room/apartment is not occupied. Exterior doors to the residence halls are locked in the evening and entry is controlled by an electronic access system.
Authority of Campus Security
The college hires students through the student employment program to serve as the campus security staff. The primary responsibilities of the campus security staff are to lock and secure buildings, report policy violations to residence life staff and/or student services, and report emergency needs to the local authorities. Campus security staff members do not have the power to arrest, but may detain an individual for questioning by police or members of the college staff. They have direct communication with the local police via radio and telephone and will call for assistance whenever needed.
Campus security staff members are not trained as police officers and do not carry weapons. If you are or feel you might be in physical danger, try first to contact the local police at 911.
The staff members of campus security report to the vice president for student services. Each member keeps a log when he/she is on duty which records any unusual incidents, unlocked doors, maintenance needs, and reports of individuals who violated campus policies. This log is reviewed by the vice president for student services each morning during the work week (Monday-Friday). Action is taken on the items logged as soon as possible.
Off-Campus Student Activities
All students are responsible for their own behavior and personal safety while engaged in off-campus activities. Students are requested to report any criminal activity that they observe occurring off-campus to the local police and to the vice president for student services. Any student engaged in criminal and/or illegal activity or activity which is contrary to the student conduct policies of the college as stated in the student handbook may be subject to college discipline in addition to criminal or civil penalties, whether this behavior occurred on or off campus.
Alcohol
In order to promote both the testimony of Dordt College and a vital christian educational atmosphere for all students and to remove a source of potential temptation or stumbling for students who may struggle with the abuse of or addiction to alcohol, alcohol will at no time be allowed on campus. The college supports and has a duty to uphold federal and state laws related to the use of alcohol. Students under the age of twenty-one are not to use or possess alcohol and will be held accountable should they choose to do so on or off campus. Students who are twenty-one or over are expected to abide by local, state, and national laws with regard to alcohol and will be held accountable for violations of law that occur off campus as well as on campus
Any misuse or abuse of alcoholic beverages by students will not be tolerated and may subject the student to disciplinary action. The consumption or possession of alcoholic beverages by anyone is prohibited on campus or in college-controlled areas, in college-approved housing facilities, in vehicles, and at college-related activities. The presence of alcohol containers will be regarded as possession. Students may not attend a college function after consuming alcohol. Students who return to campus in an intoxicated state or are discovered on or off campus in an intoxicated state are subject to college discipline. Students who provide alcohol to a minor are also subject to college discipline.
Students suspected of underage or excessive alcohol consumption will be asked to take a breath analysis test. Refusal to take the test when requested will be interpreted as an admission of alcohol consumption. Students who are confronted with suspicion of drinking may immediately request to use the breath analysis test to confirm their innocence.
Students are responsible for any possession or consumption of alcohol that occurs in a campus residence or vehicle if they are present in the room or vehicle whether or not they themselves have been drinking or in possession of alcohol. Alcohol that is found on college property will be confiscated and the containers will be emptied. Residents who discover a violation of the college's alcohol policy are to report it to residence life staff or campus security.
Individual departments (e.g., athletics, theater, music) have instituted policies regarding discipline for alcohol and drug violations. Students participating in such activities are expected to check the respective department's policies.
Designated Driver
The college supports the idea of using a designated driver. The designated driver concept, however, is an imperfect response to a part of our human sinful condition. Students need to be aware that using a designated driver is not an excuse for other students to be irresponsible with regard to their own well being or with regard to the law. Therefore the following information is necessary for students to consider and be aware of with regard to the use of a designated driver:
- The designated driver concept is not appropriate for students under 21 years of age, unless they are with their parents (after drinking) or with friends of legal drinking age who have consumed alcohol, and who have asked the student, as a licensed driver, to be the designated driver.
- All State and local motor vehicle rules, including speed regulations, are to be obeyed at all times. Infractions shall be the sole financial responsibility of the driver and may be cause for revocation of driving privileges by the state of Iowa.
- A designated driver and the occupants of a vehicle are still required to obey the laws of the state and the rules of the college. According to college policy no alcoholic beverages are allowed on campus including in a vehicle. This includes unopened alcoholic beverages.
Controlled Substances
Because involvement with recreational and/or mood altering drugs is illegal, drug use is not a matter of Christian liberty. It is expected that no member of the Dordt College community will engage in such use. Any illegal use of a controlled substance or illegal or non-medical use of prescription or over the counter drug, whether on or off campus, is strictly prohibited and such use may result in immediate dismissal from Dordt College.
On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act of 1989, Public Law 101-226. This law requires that, as a condition for receiving funds or any other form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
To remain eligible for federal funds, Dordt College, as a grantee, must certify that its campus is drug free and meets certain criteria. These criteria include a requirement to publish and provide each student with a statement prohibiting the unlawful use, possession, or distribution of illicit drugs and alcohol on college property or as part of any college activity. Dordt College takes the responsibility in establishing an awareness program to educate students about the hazards of drug and alcohol abuse and the availability of drug and alcohol rehabilitation programs.
A description of the federal, state, and local sanctions which can be taken against a student who violates the law with regard to drug or alcohol use is included in appendix A.
Dordt College Crime Statistics, 2003-2005
This chart includes offenses that were reported to Dordt College through Campus Security, the Sioux Center Police Department and other College officials who are designated campus security authorities and who have significant responsibilities for student and campus activities. The information indicates statistics for the three most recent calendar years. The chart includes a category for the number of offenses which manifest evidence of prejudice based on race, religion, sexual orientation, ethnicity, or disability, as prescribed by the Hate Crimes Statistics Act (28 U.S.C. 534).
The law requires colleges to provide a geographic breakdown of crime statistics for the listed offenses. The information below indicates crimes which occurred on campus, the number of crimes that took place in residence halls, crimes that took place in or on a noncampus building or property, and crimes that occurred in an area contiguous to campus. An additional reporting requirement is to include statistics for persons who were referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.
These offenses were compiled using the Uniform Crime Reporting procedures in accordance with the provisions of the law. None of the statistical information reflects the degree of the crime, the innocence or guilt of a suspect, or the intent with which the crime may have been perpetrated.
View Crime Statistics
FBI Definitions of Crime Categories
The following definitions are those outlined in the Federal Bureau of Investigation's National Incident-Based Reporting System.
Murder: The willful killing of one human being by another.
Negligent Manslaughter: The killing of another person through gross negligence.
Sex offenses, forcible: Any sexual act directed against another person, forcibly or against that person's will. Includes forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.
Sex offenses, non-forcible: Unlawful, non-forcible intercourse. Includes incest and statutory rape.
Robbery: The taking, or attempted taking, of anything of value from one person by another, in which the offender uses force or the threat of violence.
Aggravated assault: An attack by one person upon another, in which the offender uses or displays a weapon in a threatening manner or the victim suffers severe injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Burglary: The unlawful entry into a building or other structure with the intent to commit a felony or a theft.
Motor-vehicle theft: The theft of a motor vehicle, including automobiles, trucks, motorcycles and mopeds.
Arson: To unlawfully and intentionally damage, or attempt to damage, any real or personal property by fire or incendiary device.
Liquor-law violations: The violation of laws prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages. Does not include driving under the influence or drunkenness violations.
Drug-law violations: The violation of laws prohibiting the production, possession, distribution, and/or use of certain controlled substances and the equipment needed to produce or use them.
Weapon-law violations: The violation of laws prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, knives, explosives, or other deadly weapons.
Campus Crime Log
In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Dordt College maintains a daily Crime Log, recording all crimes that are reported to local police agencies and/or designated campus security authorities. The Campus Crime Log provides information about any reported crime that occurred on campus, on a noncampus building or property, or on public property contiguous to campus. The log includes the date the crime was reported, the nature, date, time, and general location of each crime, and the disposition of the complaint, if known.
The log must be made public, except where prohibited by law or when disclosure would jeopardize the confidentiality or safety of the victim. Dordt College is required to update logs with new information when available, but no later than two business days after the information is received, unless the disclosure is prohibited by law or would jeopardize the confidentiality or safety of the victim. The college may withhold information if (and as long as) the release of the information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to evade detection, or result in the destruction of evidence. The college may withhold only the information that would cause the aforementioned adverse effects and must disclose any information withheld once the adverse effect is no longer likely to occur.
Dordt College must make the crime log for the most recent 60-day period open to public inspection during normal business hours. The college must make any portion of the log older than 60 days available within two business days of a request for public inspection.
This log is maintained in the Student Services Office and is open to public inspection during normal business hours.
Campus Sex Crimes Prevention Act
The Campus Sex Crimes Prevention Act requires that each state provide information regarding registered sex offenders to the local law enforcement agency that has jurisdiction where an institution of higher education is located. The local law enforcement agency is then to share this information with the institution of higher education. Dordt College, in compliance with the requirements of the law, is providing notice that you may obtain information about registered sex offenders by visiting the Iowa Sex Offender Website. This page will give you a list of the "high risk" offenders registered within Sioux County. If you prefer, you may also directly contact the local law enforcement agency with jurisdiction over a campus location.
Anti-Harassment
Dordt College is committed to providing a workplace and an educational environment free of harassment and inappropriate treatment of any employee or student because of the employee's or student's race, sex, age, national origin, disability, or any other category protected under applicable federal, state, or local law. To be unlawful, workplace conduct must be so severe and pervasive that it unreasonably interferes with an employee's ability to work or a student's ability to succeed academically and have a positive educational experience. Dordt College does not, however, condone or tolerate any inappropriate conduct based on an employee's or student's race, sex, age, national origin, disability, or any other category protected under applicable federal, state, or local law. Moreover, Dordt College is committed to protecting employees and students from inappropriate conduct whether from other employees non employees or students.
Inappropriate conduct may include, among other things:
Epithets, slurs, stereotyping, or threatening, intimidating, or hostile acts that relate to race, sex, age, national origin, or disability; and
Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, sex, age, national origin, or disability.
Specifically included in this Anti Harassment Policy is a commitment to provide a workplace and an academic environment free of inappropriate conduct of a sexual nature. Such conduct may include, among other things:
Unsolicited and unwelcome comments or conduct of a sexual nature or that are demeaning to women or men as a group (for example, offensive or vulgar jokes, name-calling, comments about one's body or sex life, stereotyping based on a person's sex, touching, leering, ogling, patting, pinching, indecent exposure, physical gestures, or displaying sexually explicit photographs or objects that interfere with a reasonable person's work);
Unsolicited and unwelcome demands or requests for sexual favors or social or sexual encounters;
An explicit or implicit promise of preferential treatment with regard to a person's employment or academic status in exchange for sexual favors or sexual activity; and
The use of an employee's, applicant's, or student's submission to or rejection of sexual conduct as the basis for making, influencing, or affecting an employment decision that has an impact upon the terms and conditions of the individual's employment (for example, hiring, firing, promotion, demotion, compensation, benefits, or working conditions) or a student's academic status.
Given the nature of this type of conduct and the serious effects such conduct can have on the target of the conduct and the one accused of the conduct, Dordt College treats alleged violations of this Policy seriously and, to the extent possible, confidentially. Dordt College expects all individuals to treat alleged violations in the same responsible manner.
If you believe you or any other employee or student is being subjected to behavior that violates these policies, you are encouraged to, and have a responsibility to, immediately report these matters to the vice president for business affairs if the conduct involves an employee or the vice president for student services if the conduct involves a student. If for any reason you do not feel comfortable reporting your concerns to the vice president for business affairs, you may report your concerns to the director of human resources. If for any reason you do not feel comfortable reporting your concerns to the vice president for student services, you may report your concerns to the director of residence life.
Supervisors who become aware of any potential violation of this Policy must report the potential violation to the vice president for business affairs or the director of human resources. Failure to report potential violations may result in appropriate discipline, up to and including discharge.
No action will be taken against any employee or student merely because he or she reports behavior believed to violate this Policy. We will take action to investigate and resolve all complaints of this nature. Dordt College is firm in its commitment to maintaining an environment free of discrimination, harassment and inappropriate conduct.
Violations of this Policy will not be tolerated and will result in appropriate disciplinary action, up to and including discharge or dismissal from the College.
Please help us maintain a comfortable work and educational environment free from inappropriate and offensive conduct.
Safe Campus Policy
Dordt College is committed to creating and maintaining a community of individuals who are dedicated to upholding Christ-honoring relationships. Such relationships are free from interpersonal violence including but not limited to the following: sexual violence, dating violence, and stalking. As a matter of policy, the faculty, staff and students that comprise the Dordt community will not tolerate such behaviors. This policy is subject to change at the discretion of the College.
Safe Campus Office Services
The Safe Campus Office, which may be utilized by all student members of the Dordt community, is located on the first level of the Campus Center in the Student Services office. You may contact this office from 8:00 a.m. - 5:00 p.m. Monday-Friday at extension 6097. The Safe Campus Project Coordinator may also be reached by emergency cell phone at 712-441-6802. Information is also available at the following web address: http://denis.dordt.edu/offices/student_services/safe_campus
This office can assist members of the College community with identifying resources for victims/survivors, crisis intervention, and providing educational programs. The office can also assist in coordinating all other services listed throughout the policy, eliminating the need for those who report an offense to make multiple phone calls.
Rationale for Safe Campus Policy
Dordt College has the responsibility to respond to campus violence that is directed toward all campus members including faculty, staff and students as well as toward visiting members of our campus community. This policy pertains to assaults which occur on-campus as well as off-campus.
Services Provided:
- Resources aimed at reducing the risk of sexual assault, dating violence, and stalking, including educational programs for men and women;
- A statement of expectations for behavior with regard to sexual assault, dating violence, and stalking;
- Procedural interventions to offer support and information following a sexual assault, or an incident of dating violence or stalking; and
- Campus disciplinary procedures that provide for the needs of complainants and protect the rights of alleged assailants.
Note about gender language:out the policy, victims of sexual assault, relationship violence and stalking are referred to in terms of the female gender. This language is used because of the large body of existing campus violence research which indicates that the preponderance of incidents of such violence is perpetrated against women. This is not meant to take away from instances where the complainant may be male and the abuser female.
Campus Sexual Assault/Rape Policy
College communities across the nation may not be the safe havens for learning they are often perceived to be. Some studies suggest that nearly 5 percent of women on college campuses experience a sexual assault in any given year with up to 84% of rape victims knowing and trusting their attacker . While these statistics are alarming to any campus community, even more disturbing is the fact that many such incidents remain unreported. Society’s misunderstanding of the reality of rape and sexual assault contributes to this under-reporting, keeping many women silent…and alone. Learning the facts about rape and unlearning the lies are everyone’s responsibility. All those who experience a sexual assault are encouraged to come forward in order to receive the help and support that they need. Asking for help is not a sign of blame or weakness. Talking to someone will help complainants regain a sense of strength and aid in the recovery process.
Definitions
For the purposes of this policy, the term sexual assault is defined as one or more of the following:
- Offensive Touching Sexual Assault
The touching of an unwilling or non-consensual person's genitals, breasts, thighs, buttocks, or mouth either directly or through one's clothing with one's own hands or other intimate parts (such as genitalia; buttocks or mouth). This may also include forcing an unwilling person to touch another's intimate parts.
- Non-consensual Sexual Assault
The unwilling or non-consensual penetration of a person's intimate parts (such as genitalia, buttocks, or mouth) with any object or body part. This includes, but is not limited to penetration of such body parts without consent through the use of coercion. Coercion is defined as unwanted sexual contact with the threat of non-physical punishment, promise of reward, or pestering/verbal pressure. Note: If a person says "no" once, it counts; he or she does not have to say it more than once or prove resistance.
- Forced Sexual Assault The unwilling or non-consensual penetration of a person's intimate parts (such as genitalia, buttocks, or mouth) with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another's mental or physical condition of which the assailant was aware or should have been aware. The use of alcohol and/or other types of drugs (e.g. GHB, rohypnol, etc.) by either party, in conjunction with an incident of sexual assault, does not mitigate accountability for the commission of this offense or diminish the seriousness of the offense. If the complainant is incapacitated to the point that they cannot give their consent, this is considered to be an act of forced sexual assault. Note: A person who is drunk or has passed out cannot be assumed to give consent.
Iowa law, Code 709.4 states:
"A person commits sexual abuse in the third degree when the person performs a sex act where the act is performed while the other person is under the influence of a controlled substance, and all of the following are true:
- The controlled substance prevents the other person from consenting to the act.
- The person performing the act knows or reasonably should have known that the other person was under the influence of the controlled substance.
- The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.
Sexual abuse in the third degree is a class "C" felony."
Consent is defined as follows:
Dordt College remains firm in its position, based on its biblical beliefs, that the only appropriate and permissible context in which sexual intimacy may be expressed as overt sexual activity is in the marriage partnership of husband and wife and expects that all members of the campus community will live in accordance with this policy (see Sexual Standards and Conduct section of this handbook). It is in the context of what constitutes sexual assault that all members of the community are expected to understand the definition of consent, and that sexual assault can be committed by strangers, acquaintances and spouses, as well as casual and long-term dating partners.
Campus Relationship Violence/Domestic Violence Policy
Millions of women in this country and thousands within the state of Iowa are physically and emotionally abused by their relationship partners each year. These are not isolated instances affecting only "certain" women. Violence does not discriminate. College campuses around the nation are becoming aware that their students are not outside the scope of such forms of violence. In a study of dating violence, 25 percent of college men surveyed admitted to slapping, pushing, or restraining a female partner . There is help for those who experience relationship/domestic violence and referral sources for those perpetrating such abuse. Complainants may speak with the Safe Campus Project Coordinator, the Director of Personal Counseling, or the Director of Campus Health Services, who are trained in offering assistance in safety planning, threat assessment, assistance in seeking medical attention or safe shelter, and options in regard to legal possibilities such as obtaining the state of Iowa's No Contact Order. If you or someone that you know and care about is struggling with any of the following types of abuse, please talk with someone about it.
Definitions
For the purposes of this policy, the term relationship violence/domestic violence is defined as one partner's attempt to maintain power and control over another through the use of actual or threatened physical, psychological, sexual, and/or emotional abuse.
Important Information to Note:
- Perpetrators who are violent may also use nonviolent means of control. Even those batterers who do not use violence regularly still may intimidate their battered partners by reminding them that not listening to rules or demands may lead to violent assaults.
- Incidents of violence may be frequent or infrequent, lengthy or brief, severe or mild.
- Many victims suffer all forms of abuse. Please remember that emotional and psychological abuse may be more subtle than physical harm, but this does not mean that it is less destructive.
- Unless there is intervention where the batterer is held accountable for their actions, relationship/domestic violence usually increases in frequency and severity over time.
- Emotional Abuse
Includes hurting another person's feelings by saying cruel, unfair comments or by name calling, and may include but is not limited to:
- Cursing, swearing, and/or screaming
- Repeated harassment, interrogation, or degradation
- Attacks on self-esteem and/or insults to personhood (name-calling, put-downs, ridicule)
- Attacks on and/or insults about people the complainant cares for
- Controlling or limiting complainant’s behavior (e.g., keeping her from using the phone or seeing her friends, not letting her leave the room, following her, checking mileage on her car)
- Forcing the complainant to do degrading things
- Using physical size to intimidate
- Using money to control
- Psychological Abuse
Is any threat to do bodily harm to a partner, a child, a family member, friends, pets, or one's self (suicide). Psychological abuse involves not only hurt and anger, but also intimidation and fear. The purpose of psychological abuse is to make the complainant emotionally insecure about her own self-worth and to cause her to feel helpless and/or not able to escape further physical, sexual, emotional, or psychological abuse.
Examples include but are not limited to the abuser...
- Threatening to punch, hit, slap or kick
- Threatening to use a weapon
- Threatening to harm one's self/commit suicide if the victim leaves
- Threatening to harm or kill beloved pets
- Making vague threats such as "You're going to get it!"
- Minimizing abuse, saying it didn't happen or that the complainant caused it
- Smashing or breaking things
- Sexual Abuse
Is any non-consenting sexual act as outlined in the sexual assault portion of this policy and/or other examples when the abuser...
- Insists that the complainant dress in a more sexual way than they wish to dress
- Makes demeaning remarks about how the complainant is dressed
- Makes insulting comments about the complainant's body and/or body parts
- Accuses the complainant of sexual activity with others
- Physical Abuse
Is any forceful or violent physical behavior.
Examples include but are not limited to:
- Slapping
- Tripping
- Choking
- Spanking
- Punching
- Scratching
- Kicking
- Grabbing
- Pinching
- Burning
- Pushing
- Restraining by force
- Strangling
- Throwing objects at partner
- Shoving
- Using or threatening to use any weapon
- Biting
- Pulling hair
- Twisting limbs
Campus Stalking Policy
Stalking is another pervasive form of abuse throughout the United States. Based upon U.S. Census estimates of the number of women and men in the country, 1 out of every 12 U.S. women (8.2 million) has been stalked at some time in their life . On some campuses, as many as 35 percent of female students have been stalked, with 80 percent of these women knowing their stalker. These women live with fear throughout every moment of their day and are thus plagued with difficulty in regard to their academic lives and purpose for attending college. Poor attendance and the inability to concentrate on their studies can result in lower academic performance and, potentially, withdrawal or academic dismissal from college. Like other forms of abuse, many of these individuals live in silence. There are resources available and trained personnel who are available to listen and understand this fear. If you or someone that you are close to is feeling threatened by another person, you are encouraged to take advantage of the assistance that is available.
Definitions
For the purposes of this policy, the term stalking is defined as a repeated course of conduct that causes fear of bodily injury or death to an individual or a member of that individual's immediate household or causes emotional distress for the individual. The College also includes activity intended to cause fear of injury to one's friends or loved ones outside of the immediate family.
Stalking refers to repeated harassing or threatening behaviors that an individual engages in such as any or all of the following:
- Abusive telephone calls, e-mail messages, phone messages, or text messages to the complainant’s home and/or work
- Trespassing or vandalizing the complainant's property
- Following and/or threatening the victim and the complainant's friends and family
- Observing the complainant from a distance
- Driving by the complainant's home, school, and/or work
- Mailing or leaving cyber or written messages with the intent to frighten or control
- Leaving objects with the intent to frighten or control
Emergency Procedures Regarding Sexual Assault/Relationship Violence/Stalking
In Case of On-Campus Emergencies
In Case of Off-Campus Emergencies
- Assess your current environment concerning your safety. If your safety is in question and you are able, move to a safe place. If you are unsure of such a place, contact the Family Crisis Center at 1-800-382-5603.
- Call 911 directly. Identify yourself, the type and location of the emergency.
This call will be locked in and immediately traced.
- Call a support person. Call either a friend, the Safe Campus Project Coordinator (1-712-722-6097, 8 am - 5 pm, Mon.-Fri. or by emergency cell phone at 712-441-6802), or an advocate from the Family Crisis Center at 1-800-382-5603. The Vice President for Student Services will also be informed of the emergency situation.
Available Resources:
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Campus Support
There is identified campus support staff that the complainant can talk to. The complainant may call or meet directly with any of these persons and explain the incident. Complainants may bring a friend, RA, CA, or RD along as a source of support. These experienced staff will listen and explain all options available. These discussions will be handled with the strictest need-to-know policy possible.
Safe Campus Support Team
- Safe Campus Project Coordinator: Rachel Valentine, MACP, Extension 6097, Office is located on the first level of the Campus Center in the Student Services Office. Weekday office hours are from 8 a.m. - 5 p.m. Other appointments may be arranged. Office visits are free of charge. Emergency cell phone number: 712-441-6802.
Web-site: http://denis.dordt.edu/offices/student_services/safe_campus.
- Director of Personal Counseling: Robert Wiersma, M.Ed., Extension 6070, Office is located on the first level of the Campus Center in the Student Services office. Weekday hours are from 8 a.m.-5 p.m. Counselors are available at other hours by appointment only. There is no charge associated with using most services provided by the Office of Personal Counseling.
- Director of Campus Health Services: Pam Hulstein, ARNP, SANE, Extension 6990, Office is located in the lower level of Covenant Hall (CV 60). Hours are Monday-Thursday, 9 a.m.-12 p.m. and 12:30 p.m. - 3:30 p.m. Friday hours are from 9 a.m. - 12 p.m. Office visits are free of charge.
Confidentiality Policy
While respecting the confidentiality and anonymity of the complainant, the College has a responsibility to protect the safety of the members of the Dordt campus community. As stated earlier in this handbook, the Clery Act defines campus security authorities to include 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. Student services staff members (excluding the dean of chapel and personal counselors), residence life personnel (including RAs and CAs), the Athletic Director, team coaches, club advisors, and members of the Student Life Committee are considered campus security authorities and are required, for the purpose of documenting criminal activity and to allow the college to follow up, to report details of criminal activity to the Vice President for Student Services.
In responding to incidents of sexual assault, relationship violence or stalking, designated campus security authorities are required to complete an Anonymous Report Form that will provide statistical data that may be valuable in preventing future crimes and educating other students about high-risk situations. The form will be submitted directly to the Safe Campus Project Coordinator. This report will not include victim identifying information.
Note: The Dean of Chapel, the Director of Personal Counseling, and other staff members acting in the capacity of professional counselor are staff members who are not required to report information shared by a student when acting in their official capacity.
If the complainant chooses not to make a formal complaint to the College, the Safe Campus Project Coordinator will report, as soon as is practical and based on information gathered from the anonymous report form, the following information to the Vice President for Student Services (and to the Director of Human Resources, if the alleged assailant is an employee of Dordt College):
- The allegation that an incident occured.
- General information about the incident (e.g. time, location, etc.) which might assist the College in identifying and assessing risks to the campus community, while protecting the identity of the complainant.
Members of the Safe Campus Support Team (which includes the Safe Campus Office, Director of Personal Counseling, and the Director of Campus Health Services) may speak with one another regarding the disclosed incident in order to ascertain the level of threat that is posed to the complainant and/or other members of the campus community. Complainant identifying information will not normally be shared without the consent of the complainant (see statement below regarding exceptions to confidentiality). Based upon the determined level of threat, crime alerts of violence on or near Dordt's campus may be posted via written communication (e-mail, Safe Campus web-site, or notices posted in designated campus buildings). These alerts will, as much as is possible, not contain complainant identifying information and precautions will be taken to ensure complainant safety.
Confidentiality cannot be assured in all circumstances. If it is believed that the complainant poses a danger to themselves or others (including child or elder abuse), confidentiality may be breached. The determination whether or not a complainant is a danger to self or to others is made at the discretion of any or all of the following people: Safe Campus Project Coordinator, Director of Personal Counseling, Director of Campus Health Services, Director of Residence Life, and/or the Vice President for Student Services. Disclosing information when such danger is determined may be done without the complainant's consent.
If it is assessed that the complainant is in a circumstance of imminent danger (e.g. The complainant contacts the Safe Campus Office's emergency cell phone. When the staff member answers, they hear shouting in the background and after a few moments of conversation, the phone line goes dead) emergency protocol will ensue. 911 would be called immediately.
In order to comply with requirements of Title IX Educational Amendments Act of 1972 and the Office of Civil Rights prohibiting all forms of sex discrimination, which includes sexual harassment and sexual assault, Dordt College has the responsibility to investigate all reports that it receives. Although Dordt College will attempt to respect the wishes of the complainant with regard to action taken in response to the complaint, the college will take appropriate disciplinary or corrective action whenever deemed necessary to meet the college's responsibilities to provide a safe and non-discriminatory environment for other students and employees.
2. Advocacy
When speaking with any member of the Safe Campus Support Team, it may be suggested that an advocate from the Family Crisis Center be called. This advocate will serve as a trained and experienced source of comfort and calm while the complainant weighs all of their medical, legal, and counseling options. The advocate will either accompany the victim to or meet the complainant at the Sioux Center Hospital for a medical exam and will remain available through all aspects of a legal investigation. Advocacy also includes crisis counseling and addressing symptoms of rape trauma syndrome, if applicable.
Other Services Offered by the Family Crisis Center
- Crisis Counseling
- Personal Advocacy
- Information and Referral
- Medical Advocacy
- Support Groups
- Legal Advocacy
- 24-hour Crisis Line
- Safe Shelter
3. Health Support
All Assaults
A physical exam should be done in all cases of assault, regardless of the length of time which may have elapsed since the incident. Such an exam may be performed at the Sioux Center Community Hospital and Health Center and may aid in addressing any external or possible internal injuries.
In Cases Of Sexual Assault
In cases of sexual assault, medically related concerns may include pregnancy risks, sexually transmitted infections (including HIV) and physical injuries.
If the assault occurred within the past 72 hours, the complainant should be given the option of having an evidence collection exam vs. non-evidence collection exam.
- The "Evidence Collection" Exam
The purpose of an evidence collection exam is to recover and/or document evidence of the sexual assault which could assist a police investigation of an assault. Even if the complainant is unsure if they want to prosecute, this exam is strongly recommended. The decision of whether or not to press charges can be made at a later date while the evidence from this exam cannot.
The examination is performed by a SANE (Sexual Assault Nurse Examiner) who is specifically trained in coordinating care in such instances. An advocate or any other support person of the complainant's choosing may remain present during the exam. The procedure involves taking specimens from the part of the body which was assaulted including internal and external genital areas. Additionally, samples are usually obtained from fingernails, hair, and mouth. All signs of injury will be documented. Pictures may be taken of noticeable trauma to the body.
The Sexual Assault Nurse Examiner (SANE) will discuss the complainant's risk for pregnancy and/or STD as well as all possible options.
Immediate Care and Treatment Procedures for Evidence Collection
To facilitate evidence collection, the complainant:
- Should not bathe or douche.
- Should not urinate.
- If oral contact has occurred, the complainant should not smoke, eat, brush teeth, or drink liquids.
- If clothes are changed, soiled clothes should be placed in a paper bag (plastic destroys evidence).
- If initial clothing is worn to the exam, the complainant may bring along a comfortable change of clothes
- The "Non-Evidence Collection" Exam
The non-evidence collection exam does not include collection of evidence to specifically assist in the investigation of a sexual assault or the identification of the perpetrator.
- Non-Emergency Medical Procedures
If the sexual assault occurred in the past and the complainant did not have the emergency exam within the first 72 hours, it is still important to have a medical exam. This exam will include treatment of any physical problems and various lab tests for sexually transmitted diseases and pregnancy.
- Costs for medical care
In instances of sexual assault the SANE exam is fully funded by the Iowa Crime Victim Compensation Program and is paid without an official report taking place.
If a complainant reports the incident (whether it be sexual and/or physical assault) to local law enforcement within 72 hours of the crime, they may file an application to the Iowa Crime Victim Compensation Program in order to receive funds to cover the physical examination, follow-up care, and counseling that is not covered by the complainant's insurance.
- Law Enforcement Reporting
When the Sioux Center Police is called, the officer will secure evidence at the scene of the assault and take the complainant's statement as to what occurred. If medical care has not yet been received, the police will assist the complainant in receiving medical assistance.
In order to investigate the crime, a police officer will question the complainant, collect evidence from the crime scene, receive evidence obtained through the SANE exam (if sexually assaulted), and take a formal statement. The police will make all efforts to protect the anonymity of the complainant.
- Legal Prosecution
In cases of sexual assault, a filed report to law enforcement is treated as an offense against the State. An attorney is assigned by the County Attorney's office. Assistance is also received by the Sioux County Victim Witness Coordinator, who will assist the complainant with information on legal rights, compensation, and support in all instances of physical abuse or stalking as well as sexual assault.
- Filing a Complaint with the College
Even if a complainant decides not to press criminal charges against the accused, they can still file a complaint with the College. This form of disciplinary process is not a legal proceeding and there are different standards for holding persons accountable. complainants or witnesses of such incidents may file either a verbal or written report to the Vice President for Student Services. If the alleged violator is an employee of the College, a verbal or written complaint may be filed with the Director of Human Resources.
- Responsibilities of Dordt College toward the Complainant
- Dordt College has the responsibility to provide an educational and community environment that is safe from physical assault, emotional abuse, and sexual intimidation.
- In cases of sexual assault, relationship violence, or stalking, the college will not seek disciplinary action toward the complainant for lesser offenses that may have occurred near the time of an assault. For example, an underage student who may have been drinking at the time of the assault, can report the assault without facing disciplinary action for the underage drinking.
- When a crime is reported to College officials, those officials will offer assistance in notifying proper authorities.
- The College will take all reported incidents of sexual assault, relationship violence, and stalking seriously and has the responsibility to respond in an appropriate manner to any formally reported incident.
- When a report is filed with the institution, Dordt College will investigate and follow appropriate disciplinary procedures. If there is an institutional disciplinary hearing the complainant assumes the role of a witness to the allegations.
- The College will allow the complainant to have an advocate (such as a friend, family member, counselor, etc.) accompany them through the College disciplinary proceedings.
- The College will notify the complainant of the progress of the investigation, including notification of the initial contact with the alleged assailant and will provide a written notice of the outcomes related to any institutional disciplinary proceedings, including the outcome of any appeal. The complainant and charged student have the responsibility to respect the privacy rights of all involved.
- The College will inform the complainant of medical and legal services available, and will work with the student to inform the student of, and to provide, appropriate counseling support.
- The College will make every effort to accommodate requests by the complainant for on-campus housing relocation, transfer of classes, or other steps to prevent unnecessary or unwanted contact or proximity to an alleged assailant.
- The College will offer consultation with an administrator regarding academic support services if needed.
- Witnesses to Assault -- (Non-Disciplinary Action)
The Non-Disciplinary Action Policy offers limited immunity to those witnesses who report assaults or other behaviors which violate campus policies, or who assist complainants in filing a report, but who might be policy violators themselves. For example: An underage student has been drinking at a local bar and witnesses an assault but fears going to college officials for fear of disciplinary repercussions. An official report may be submitted verbally or in writing to the Vice President for Student Services.
- Discipline Policies and Procedures for Complainants and/or Witnesses
Dordt College does not intend for this policy to be a substitute for related civil or criminal legal options. The College strongly encourages complainants to report all incidents and violations to the local law enforcement officials or agencies and utilize all of the services and rights to which they are entitled to by law.
After complainants or witnesses submit an official report to the Vice President for Student Services (or the Director of Human Resources), the Vice President for Student Services, Director of Residence Life and others, if deemed necessary, will meet with the complainant or witness to discuss the report and determine whether a violation of conduct has occurred. At this meeting, discipline procedures will be explained to the complainant or witness, including the role of the complainant, any witnesses, the accused, and the College in the disciplinary process. The college will follow the guidelines outlined in the Student Conduct Code. The complainant will be kept informed about the progress of the investigation, including but not limited to notification of the initial meeting with the alleged assailant.
During this initial meeting an investigative interview may be conducted. At the complainant's request or with their permission, an advisor or advocate may attend this interview. If it is determined that there exists sufficient reason to believe a violation of the college's conduct policy has occurred, disciplinary procedures may be initiated. When this occurs, it should be understood that complainants and witnesses are not initiating such charges; the College is considered to be the complainant, and is responsible for continuing the investigative process. Complainants and witnesses will be asked to contribute testimony and information to assist in the investigation. The complainant or witness has the right to withdraw from the investigation at any time. Charges can be investigated on the basis of either a statement of sexual assault, relationship violence or stalking from the complainant or a witness's statement or complaint (residence hall staff, campus security, faculty, staff, or another student). Dordt College may proceed with disciplinary action even if the alleged complainant chooses not to participate or continue in the process. Additional questions or concerns regarding disciplinary proceedings should be addressed to the Vice President for Student Services.
- Discipline Policies and Procedures for the Accused
At the beginning of the disciplinary investigation, individuals thought to have relevant information, including the accused, will be contacted and interviewed by the Vice President for Student Services (or Director of Human Resources), Director of Residence Life, and others, if deemed necessary. If sufficient information is gathered to determine that there are grounds to proceed with the discipline process, appropriate action will then be taken. If the alleged assailant is a student, the college will proceed according to guidelines established in the Student Conduct Code. If the alleged assailant is a faculty or staff member of Dordt College, the incident would be reviewed by the following persons: Director of Human Resources, Vice President for Business Affairs, and/or the Vice President for Academic Affairs. Following their recommendation, the accused could appeal this decision according to policies established in the faculty and staff handbooks. Violations of the college's polcies will result in appropriate disciplinary action, up to and including discharge or dismissal from the College.
Responsibilities of Dordt College toward the Accused
On-Campus Resources
- Safe Campus Project Coordinator - Extension 6097, Office is located on the first level of the Campus Center in the Student Services Office. Weekday office hours are from 8 a.m. - 5 p.m. Emergency cell phone: 712-441-6802.
Web-site: http://denis.dordt.edu/offices/student_services/safe_campus.
- Office of Personal Counseling - Extension 6070, Office is located on the first level of the Campus Center in the Student Services office. Weekday hours are from 8 a.m.-5 p.m. Counselors are available at other hours by appointment only.
- Campus Health Services - Extension 6990, Office is located in the lower level of Covenant Hall (CV 60). Hours are Monday-Thursday, 9 a.m.-12 p.m. and 12:30 p.m. - 2:30 p.m. Friday hours are from 9 a.m. - 12 p.m.
- 4.Dean of Chapel – Extension 6070, Office is located on the first level of the Campus Center in the Student Services office. Weekday hours are from 8 a.m.-5 p.m.
This project was produced in 2005 by the Dordt College Safe Campus Office and supported by Grant Number 2004-WA-AX-0006 awarded by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the respective authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
Appendix A
State and local alcohol laws
- Operating While Intoxicated
It is unlawful to operate a motor vehicle in Iowa in any of the following conditions:
- While under the influence of an alcoholic beverage or other drug combination of such substances.
- While having an alcohol concentration of .08 or more.
- While having any amount of a controlled substance in one's body.
Iowa's implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath, and/or urine test performed to determine alcohol level or presence of drugs whenever a peace officer has reasonable grounds to believe the person is operating under the influence.
Criminal Penalties for OWI
First Offense A serious misdemeanor, punishable by up to one year in jail and a fine of $1,000, or both. The minimum jail time is 48 hours. The judge may waive up to $500 of the fine if the crime did not result in personal injury or property damage. As an alternative to a portion or all of the fine, the court may order the person to perform unpaid community service. These offenders also must be ordered to complete a substance abuse evaluation and treatment, a course for drinking drivers, and in some cases, a reality education substance abuse prevention program.
Second Offense An aggravated misdemeanor, punishable by up to two years in prison. A minimum of seven days in jail must be served. A fine of from $1,500 to $5,000 must be paid.
Third or Subsequent A class "D" felony, punishable by imprisonment up to five years, and an Offense fine of from $2,500 to $7,500. A minimum of 30 days in jail must be served.
NOTE: OWI convictions and deferred judgments that occurred anywhere in the United States within the preceding twelve years will count in determining whether the offense charged is a second or third offense. Also, deferred judgments, deferred sentences or probation without service of the mandatory minimum period of incarceration may be granted in an OWI case only if the defendant:
- has never been previously convicted or received a deferred judgment for OWI anywhere in the United States
- at the time of arrest, agreed to take a chemical test, and had a test result no higher than .15
- did not cause injury to any other person by driving while intoxicated
All persons convicted must undergo a substance abuse evaluation (at the offender's expense) prior to sentencing, and the court must order the defendant to follow recommendations of the evaluation. Victims may receive restitution for all damages caused by a defendant. Public agencies may receive up to $500 for costs incurred as a result of a defendant's crime.
Criminal Penalties For OWI Causing Death or Serious Injury
OWI which causes the death of another person is a class "B" felony, punishable by up to 25 years in prison. This sentence cannot be suspended, and a defendant cannot be released on bail before sentencing, or while on appeal. There is no fine, but victim restitution may be ordered. OWI which causes a serious injury to another person is a class "D" felony, punishable by up to 5 years in prison. This sentence cannot be suspended. A fine of from $500 to $7,500 may be imposed, and victim restitution may be ordered.
Drivers License Revocations
Administrative - Test Failure:
*First Offense. When a chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has had no OWI-related revocations in the previous 12 years -- 180 days
May apply for a temporary restricted license. If an accident occurred or if the BAC level was .15 or greater you must wait 30 days. You must install an ignition interlock device if the BAC level is .10 or greater or if an accident occurred.
Second or more. One or more revocations in the previous 12 years -- 1 year
Not eligible for temporary restricted license for one year.
Administrative - Test Refusal (includes refusal of a urine or blood test if the officer requests such a test after a person has submitted to a breath test):
First Offense. When a chemical test is refused, and the person has had no OWI related revocations in the previous 12 years -- 1 year
May apply for a temporary restricted license after the first 90 days if an ignition interlock device is installed on all vehicles and a plea of guilty is entered.
Second or more. One or more revocations in the previous 12 years -- 2 years
May apply for a temporary restricted license after one year, if ignition interlock device is installed on all vehicles.
Administrative or Court Ordered Revocation:
If a driver is under the age of 18 and his or her license or operating privileges are revoked administratively or by a court order, the revocation continues until the revocation expires or until the person reaches 18, whichever is later.
Upon Conviction - If Not Otherwise Revoked Administratively:
*First Offense. Upon conviction, if no convictions or revocations in the preceding 12 years -- 180 days
May apply for a temporary restricted license. If an accident occurred or if the BAC level was .15 or greater you must wait 30 days. You must install an ignition interlock device if the BAC level is .10 or greater or if an accident occurred. You must wait 90 days if you refused to test.
Second Offense. One or more revocations in the preceding 12 years -- 2 years
May apply for a temporary restricted license after one year, if ignition interlock device is installed on all vehicles.
*Deferred. If license is not otherwise revoked and court defers judgment -- 30-90 days
May apply for a temporary restricted license. If an accident occurred or if the BAC level was .15 or greater you must wait 30 days. You must install an ignition interlock device if the BAC level is .10 or greater or if an accident occurred. You must wait 90 days if you refused to test.
* If under 21, ineligible for temporary restricted license until 60 days have passed.
Court Ordered - In Addition to Other Administrative or Court-Ordered Revocation: Third Offense -- 6 years
May apply for a temporary restricted license after one year if ignition interlock device is installed on all vehicles.
Any level of offense involving personal injury caused by OWI -- 1 year in addition to any other revocation
May apply for a temporary restricted license when otherwise permitted by other revocation; ignition interlock device must be installed on all vehicles.
Any level of offense involving a death caused by OWI -- 6 years
May apply for a temporary restricted license after two years if ignition interlock device is installed on all vehicles.
.02/ "Zero Tolerance" Administrative License Revocations For Drivers Under 21
The license of a person under 21 who submits to a chemical test which indicates an alcohol level of .02 or more but less than .08 will be revoked for 60 days on a first violation and 90 days on subsequent violations. If such a person is suspected of operating with an alcohol level of .02 or more and refuses chemical testing, the license revocation will be one year on a first violation and two years on a second or subsequent violation. These revocations, .02/"zero tolerance" revocations, are administrative and are not dependent upon criminal charges being filed. If a license is revoked for a .02/"zero tolerance" violation, the driver is not eligible for a temporary restricted license at any time during the revocation.
Driving While Revoked
A person who drives while their license is revoked under the OWI chapter (whether the revocation is administrative or court ordered, and whether for an OWI or for a .02 violation) commits a serious misdemeanor and must pay a fine of $1,000. Law enforcement officers may impound vehicles if the driver's license is revoked for an OWI. If such a driver is convicted of second or subsequent offense driving with a revoked license, the vehicle must be seized and forfeited to the state. The owner of a vehicle who lends the vehicle to a person whose license is revoked for an OWI commits a simple misdemeanor and is jointly liable for any damages the driver causes, if the owner knew, should have known, or gave consent to the operation of the vehicle by a driver with a revoked license.
Vehicle Impoundment/Immobilization
A person arrested for second or subsequent OWI, or for driving while a license is revoked for an OWI may have the motor vehicle seized and impounded immediately upon arrest. The impoundment (or immobilization) continues for at least 180 days, or until the driver's license revocation is completed, whichever period is longer. If the vehicle is not impounded at the time of arrest, it must be impounded or immobilized upon conviction for second or subsequent offense OWI. If a vehicle is operated in violation of an order of impoundment or immobilization, it shall be seized and forfeited to the state, and operation of the vehicle is a serious misdemeanor.
Reinstating a Drivers License
If a motor vehicle license or non-resident operating privilege has been revoked for any OWI offense under chapter 321J (whether as a result of a court order or administrative action), the license or privilege may not be reinstated until the person:
- pays a $200 civil penalty
- presents proof of completion of a course for drinking drivers, and
- presents proof of completion of a substance abuse evaluation and treatment or rehabilitation services
- comply with financial responsibility law if applicable
-
Additional Laws pertaining to Alcohol
Criminal Penalties for Minors
When a minor purchases or attempts to purchase, or has an alcoholic beverage in their control or possession, the minor may be charged and convicted in criminal court.
Following are the criminal penalties imposed by the courts for purchasing or attempting to purchase or controlling or possessing an alcoholic beverage:
- First violation - simple misdemeanor punishable by a $100.00 fine.
- Second or subsequent violation - serious misdemeanor punishable by a fine of $200.00 or community service equal to the value of the fine and suspension of the minor's driver's license for a period not to exceed one year.
When the violation is committed by a minor under age 18, the matter is handled by the juvenile court.
Misrepresenting Age
It is unlawful for minors to misrepresent their age for the purpose of purchasing or attempting to purchase alcoholic beverages from an alcoholic beverages licensee or permittee.
Persons under legal age.
- A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.
- A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person's employment by a liquor control licensee, or wine or beer permittee under this chapter.
- A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits a simple misdemeanor punishable by a fine of one hundred dollars for the first offense. A second or subsequent offense shall be a simple misdemeanor punishable by a fine of two hundred dollars and the suspension of the person's motor vehicle operating privileges for a period not to exceed one year. The court may, in its discretion, order the person who is under legal age to perform community service work of an equivalent value to the fine imposed under this section.
- Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.
- A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.
- A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class "D" felony.
Temporary Restricted License: If license revoked because of court-ordered revocation, refusal to submit or test result revocation and person's license has not been revoked within the past six years for the same or similar reasons as those set out above, the person may be eligible for permit to drive:
- to and from work;
- as required by employer during work hours;
- for health care for themselves or a dependent;
- for continuing education;
- to substance abuse treatment; or
- to court-ordered community service.
Controlled Substances
Use and Effects of Controlled Substances and State and Federal Penalties for their Misuse
State Drug Laws
I. Possession and Delivery (Penalties)
| Quantity |
1st Offense |
2nd Offense |
Distribution to
Person Under
Age 18 |
Distribution Within
1,000 Feet of School |
| Heroine_Schedules I and II |
| 1 kg or moremixture |
Not less than 16 2/3 yrs. and not more than 50 yrs. and/or a fine not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 100-1000 gm mixture |
Not less than 8 1/3 yrs. and not more than 25yrs. and/or a fine not less than $5,000 and not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 1-100 gm mixture |
Not less than 3 1/3 yrs. and not more than 10yrs. and/or a fine of not less than $1,000 and not more than $50,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and
not more than 25 yrs. |
Cocaine_Schedules I and II
| 5 kg or more mixture |
Not less than 16 2/3 yrs. and not more than 50 yrs. and/or a fine not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and
not more than 25 yrs. |
| 500-4,999 gm mixture |
Not less than 8 1/3 yrs. and not more than 25 yrs. and/or a fine not less than $5,000 and not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and
not more than 25 yrs. |
| 1-500 gm mixture |
Not less than 3 1/3 yrs. and not more than 10 yrs. to exceed 3 times otherwise and/or a fine of not less than $1,000 and not more than $50,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and
not more than 25 yrs. |
Cocaine Base_Schedules I and II
| 50 gm or more mixture |
Not less than 16 2/3 yrs. and not more than 50 yrs. and/or a fine not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 5-49 gm mixture |
Not less than 8 1/3 yrs. and not more than 25 yrs. and/or a fine not less than $5,000 and not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 1-5 gm mixture |
Not less than 3 1/3 yrs. and not more than 10 yrs. and/or a fine of not less than $1,000 and not more than $50,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
PCP_Schedules I and II
| 100 gm or more or 1 kg or more mixture |
Not less than 16 2/3 yrs. and not more than 50 yrs. and/or a fine not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 10-100 gm or 100-1000 gm mixture |
Not less than 8 1/3 yrs. and not more than 25 yrs. and/or a fine not less than $5,000 and not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 1-10 gm or 10-100 gm mixture |
Not less than 3 1/3 yrs. and not more than 10 yrs. and/or a fine of not less than $1,000 and not more than $50,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
LSD_Schedules I and II
| 10 gm or more mixture |
Not less than 16 2/3 yrs. and not more than 50 yrs. and/or a fine not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
| 1-10 gm mixture |
Not less than 8 1/3 yrs. and not more than 25 yrs. and/or a fine not less than $5,000 and not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not less than 5 yrs. and not more than 25 yrs. |
Not less than 10 yrs. and not more than 25 yrs. |
Others--Schedules I, II or III
| Any |
Not less than 3 1/3 yrs. and not more than 10 yrs. and/or a fine of not more than $10,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
No enhancement |
No enhancement |
All_Schedules IV or V (Except Marijuana)
| Any |
Not to exceed 2 yrs. and/or a fine not to exceed $5,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
No enhancement |
No enhancement |
Marijuana
| 1000 kg or more or mixture |
Not to exceed 50 yrs. and/or a fine of not more than $1,000,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
No enhancement |
No enhancement |
| 100-1000 kg or more or mixture |
Not to exceed 25 yrs. and/or a fine not less than $5,000 nor more than $100,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
No enhancement |
No enhancement |
| 50-100 kg or mixture |
Not more than 10 yrs. and/or a fine not less than $1,000 and not more than $50,000 |
Punishment and/or fine not to exceed 3 times otherwise authorized. |
No enhancement |
No enhancement |
| 1-50 kg |
Not more than 5 yrs. and/or a fine of not more than $7,500 |
Punishment and/or fine not to exceed 3 times otherwise authorized |
Not more than 10 yrs.and/or a fine of not more than $10,000 |
No enhancement |
| Less than 1 oz. |
Not more than 6 mos. and/or a fine of not more than $1,000 |
No enhancement |
Not more than 10 yrs. and/or a fine of not more than $10,000 |
No enhancement |
| Conspiracy to deliver to person under age 18 |
Not more than 5 yrs. and/or a fine not to exceed $7,500 | |
