Sexual conduct policy now encompasses non-verbal consent

The sexual conduct policy at Luther underwent revision last spring for the first time in 15 years. The changes, which went into effect Aug. 1, include switching the title from “Sexual Abuse and Assault Policy” to “Student Sexual Misconduct Policies and Procedures,” the expansion and rewriting of reporting procedures and changes in important definitions. Especially notable is the revised definition of consent.

The previous policy defined consent as “positive verbal affirmation- each party has to receive a verbal ‘yes.’” The new definition is much more detailed, and includes the statement, “Consent is defined as a freely and affirmatively communicated willingness to participate in sexual activity, expressed either by words or clear, unambiguous actions.” In both definitions, consent cannot be obtained if either party is under the influence of drugs or alcohol.

Vice President and Dean of Student Life Ann Highum explained that the change is meant to make the policy more fair.

“Our attorneys told us our old policy was fairly unusual and could actually be problematic to a complainant who had an issue and wasn’t able to get it addressed in a way that would be fair, just because of that language,” Highum said. “Every time you have a situation, you learn what parts of [the policy] don’t work so well, and I think that had happened a couple of times in the last three years, so we felt like we needed to tackle it. We were also doing this larger revision of the whole student code of conduct.”

Highum initiated the change, and the Campus Life Committee collaborated on the new drafts. Student Senate was also aware of the project and approved the new draft at the end of April. The Community Assembly passed it May 5. Finally, the policy was sent to an attorney specializing in higher education law who made some minor changes and approved the new policy.

Highum and the Campus Life Committee examined several other colleges’ sexual misconduct policies while drafting Luther’s new policy, drawing especially from those at St. Olaf College, Minn. and the University of Northern Iowa.

Some students are concerned about the new definition of consent.

“Whose definition of ‘unambiguous action’ are you using?” Alison Wathen (‘11) said. “That opens so many doors,”

Sarah Stadie (‘10) also expressed concern about the “unambiguous actions” clause.

“In order for the Luther College body to fully understand this policy, we need to have a list available to us, outside the Student Life office, that will tell us what unambiguous actions are so we don’t get ourselves in trouble,” Stadie said.

Others think the change is positive.

“I think it’s more fair, as it’s very easy to blame the male in those situations,” Will Hagan (‘12) said.

Highum addressed some of the concerns, noting the difficulty of interpreting any sexual misconduct case.

“I think part of it has to come from good training of the Interpersonal Violence Hearing Board that hears these cases. But the reality is these cases are always complicated,” Highum said.

The challenge remains to spread the word about the new policies. Resident Assistants included it in their introductory floor meetings, and it was emphasized in first-year students’ sexual education lecture during orientation week. Many students, however, remain unaware of the changes.

“I did not know about the change, and I don’t think many of my friends know either,” Sally Ea (‘12) said.

In 2007, there were six reported forcible sex offenses on campus. Crime statistics for 2008 are due Oct. 17.