Code of Conduct

Sexual Misconduct. Sexual misconduct is any nonconsensual sexual contact that includes but is not limited to rape.

Augustana College follows South Dakota law, which defines sex-related crimes in categories ranging from rape to sexual contact. For the purpose of this policy, the College defines these categories as follows:

  • Rape is defined as an act of sexual penetration accomplished with any person under any of the following circumstances: Through the use of force or violence, any form of coercion or intimidation against another person; or if the person is unable to consent due to incapacity or impairment to include the influence of alcohol or drugs.
  • Sexual Contact means unwanted conduct of a sexual nature which a reasonable person would consider intimidating or offensive (i.e. intentionally touching, patting or grabbing another person's intimate parts).
  • Any intentional and unwanted sexual contact, whether it involves a stranger or an acquaintance, is sexual misconduct.
  • Sexual misconduct may also occur between members of the same gender.
  • The use of alcohol or other drugs by either party will not diminish responsibility of the assailant for sexual misconduct.
  • Lack of consent may include acts committed either by force or intimidation, or through the use of the victim's mental incapacity or physical helplessness. This could include any person who is passed out, asleep, or otherwise unconscious.