UI students say public urination charges likely affect job prospects

IOWA CITY – Some University of Iowa students are finding their job prospects dampened because of confusion surrounding public urination charges.

The problem, according to UI Student Government, is that indecent exposure and indecent conduct are covered under one section of City Code.

That section, 8-5-6, makes it illegal for someone to expose the genitals, buttock, female breast or pubes to a non-spouse or partner or to commit a sex act in view of another person to satisfy a sexual desire or if it is reasonably known that the act is offensive to the viewer.

The section also says it's unlawful to urinate or defecate in public.

UI Student Legal Services has reported that, over the past few years, it has been contacted “numerous” times by prospective employers wondering what exactly a student was guilty of, said Cody Graham, the UI Student Government's liaison to the City Council.

He wasn't sure how often it happened, and no one from Student Legal Services was available Thursday to comment on the situation.

Many employers ask job candidates to include their criminal record on applications, and some do background checks. Graham said the indecent conduct/exposure charge can show up simply as a violation of City Code section 8-5-6 without any more detail.

He wonders how many employers are tossing resumes upon seeing the infraction.

“The people that have the employers call on their behalf are the lucky ones,” he said. “It's the people who don't have the people making phone calls I was worried about.”

Graham has suggested indecent conduct, covering public urination and defecating, be separated from indecent exposure in the code.

Assistant City Attorney Eric Goers said that would be workable, should the City Council approve. He doubted misunderstandings over violations were widespread, saying public urination charges are coded as such and anyone doing a background check should look beyond the code title.

“I don't know that the sky is falling here, but I also don't see any problems with changing,” Goers said.

Graham said he is not advocating changing the penalty for public urination, which is a simple misdemeanor punishable by a $50 fine, plus court costs and a surcharge.

Indecent exposure is a simple misdemeanor punishable by a fine of $65 to $625, court costs and a surcharge and up to 30 days in jail.