B. Relationship Misconduct includes Dating Violence, Domestic Violence and Stalking, each of which is defined below:
1. Dating Violence: Violence committed by a person who has been in a romantic or intimate relationship with another. The existence of such a relationship shall be determined based on the reporting party’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. [Iowa Code does not provide a per se definition for “Dating Violence.” The College’s definition of “Dating Violence” is consistent with the Clery Act regulations for reporting offenses.]
2. Domestic Violence: An assault (which is defined in §708.2A of the Iowa Code as an intentional or unauthorized act that is intended to cause pain to another or result in physical contact that is insulting or offensive, coupled with the apparent ability to do the act or to place another in fear of any such act, or the intentional and authorized pointing of a firearm or display of a dangerous weapon in a threatening manner) when the assault is between:
a. Family or household members who resided together at the time of the assault;
b. Separated spouses or persons divorced from each other and not residing together at the time of the assault.
c. Persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
d. Persons who have been family or household members residing together within the past year and not residing together at the time of the assault; or
e. Persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault.
[The College’s definition of “Domestic Violence” is the offense constituting “Domestic Abuse” under Iowa Code § 236.2. “Domestic Abuse” is consistent with and substantively the same as the acts defined under the Clery Act as “Domestic Violence”].
3. Stalking: A person commits stalking when all of the following occur:
a. The person purposefully engages in a course of conduct (for example, repeatedly maintaining a visual or physical proximity to another person without legitimate purpose or repeatedly conveying oral or written threat, threats implied by conduct, or a combination thereof) directed at or toward another specific person that would cause a reasonable person substantial emotional distress or fear of bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family (spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person); and
b. The person has knowledge or should have knowledge that the other specific person will be placed in substantial emotional distress or reasonable fear of bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct; and
c. The person’s course of conduct induces substantial emotional distress or fear in the other specific person of bodily injury to, or the death of, the specific person or a member of the specific person’s immediate family.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
[Iowa Code § 708.11; with amended language consistent with the definition of “Stalking” under the Clery Act regulations for reporting offenses].