Sexual Violence Procedure

Summary: MnSCU 1B.3.1 Sexual Violence Procedure

(See Sexual Violence Policy for full text of policy)

Reporting Incidents of Sexual Violence

  • Complainants of sexual violence may report incidents at any time, but are strongly encouraged to report incidents promptly in order to best preserve evidence for legal or disciplinary action.
  • Complainants are strongly encouraged to report incidents of sexual violence to law enforcement.
  • Minnesota State students and employees are urged to report any incidents that they are aware of to the appropriate authority (internal and external).  Anyone with campus authority or with supervisory or student-advising responsibility must make a report for the annual crime statistics report if they are made away of an act of sexual violence.
  • Confidentiality is not guaranteed for reported incidents of sexual violence, except with privileged communications with health care professionals, clergy, or private legal counsel.

Investigation and Disciplinary Procedures

  • When investigating complaints of sexual violence, colleges will use the system procedure found in Minnesota State Policy 1B.1.1 Report/Complaint of Discrimination/Harassment Investigations and Resolution (see Appendix C for full text of policy).
  • The past history of the complainant and respondent shall be deemed irrelevant except as that history may directly relate to the incident being considered.
  • College investigation and disciplinary procedures concerning allegations of sexual violence against employees or students shall:
    • 1. Be respectful of the needs and rights of individuals involved;
    • 2. Proceed as promptly as possible with the goal of a resolution within 30 days of initial report.
    • 3. Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
    • 4.  Employees shall have the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
    • 5.  Be conducted in accordance with applicable due process standards and privacy laws;
    • 6.  Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
    • 7.  Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy or code has been violated.
  • Any individual who knowingly provides false information regarding the filing of a complaint/report of sexual violence or during the investigation may be subject to discipline or legal action.
  • If a complainant no longer desires to pursue a complaint through the college’s proceeding, the college reserves the right to investigate and resolve the complaint as it deems appropriate.

Sanctions

  • If a finding is made that sexual violence has occurred include, but are not limited to: suspension, expulsion of students or termination from employment.
  • The appropriate sanction will be determined on a case-by-case basis taking into account the severity of the conduct, the respondent’s previous disciplinary history, and other factors as appropriate.
  • Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.
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