Policies and Procedures - Sexual Violence and Title IX

Sexual Assault

Any sexual act directed against another person, against that person's will or where the victim is incapable of giving consent.

Includes rape, sodomy, sexual assault, and fondling. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory rape is sexual intercourse with a person who is under the age of consent.

"Sexual assault" means an actual, attempted, or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State Colleges and Universities student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:

• Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as “date rape” or “acquaintance rape.” This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
• Involvement in any sexual act when the victim is unable to give consent.
• Intentional and unwelcome touching, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
• Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the consent of the victim.

Domestic Violence

Violent misdemeanor or felony offense against a current or former spouse or cohabitant, or anyone who would be protected by domestic or family violence laws.

Dating and Relationship Violence

Violence against a person in a romantic or intimate relationship. Dating and relationship violence includes physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota state law.

Stalking

Behavior that would cause a reasonable person to fear for their or others' safety, or behavior that causes substantial emotional distress. Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for her or his safety or the safety of others or to suffer substantial emotional distress.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other unwanted conduct of a sexual nature.

Consent

Consent requires words or conduct indicating a freely given agreement to participate in sexual activities. Consent does not mean the existence of a prior or current relationship between people or that one failed to resist a particular sexual act. A person who is incapacitated or physically helpless cannot consent to a sexual act. Consent is informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent.

If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

Non-forcible Sex Acts

Non-forcible acts include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.

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:
  • Be respectful of the needs and rights of individuals involved;
  • Proceed as promptly as possible with the goal of a resolution within 30 days of initial report.
  • 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;
  • Employees shall have the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
  • Be conducted in accordance with applicable due process standards and privacy laws;
  • Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
  • 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.

See Sexual Violence Policy for full text of policy

Campus Sexual Assault Victims' Bill of Rights

Rights:

• The accuser and the accused must have the same opportunity to have others present for support and consultation.
• Both parties shall be informed of the outcome of any disciplinary proceeding.
• Survivors shall be notified of their options to notify law enforcement.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic and living situations.

History:

The United States Congress enacted the “Campus Sexual Assault Victims' Bill of Rights” in 1992 as part of the Higher Education Amendments of 1992. It was signed into law by President Bush in July of 1992. The law requires that all colleges and universities that participate in federal student financial aid programs afford sexual assault victims certain basic rights.

It also requires the school to notify the victims of their option to report the assault to the proper law enforcement authorities.

If a school is in violation of this law they can be fined up to $27,500 or lose their eligibility to participate in federal student aid programs. Any complaints about a school should be made to the U.S. Department of Education.

The original purpose of this legislation was to combat the re-victimization of rape survivors across college campuses. This was a need that came about due to many image conscious colleges and universities that were more concerned with protecting their public image than seeing justice being served.

Pertinent Statutes

• Public Law: 102-325, section 486(c) - Campus Sexual Assault Victims' Bill of Rights
• 20 USC § 1092(f)(8) - Describes what Campus Sexual Violence policies must contain
• 34 CFR § 668.46 (b)(11) - Describes what must be in the annual security report regarding sexual violence acts from each college or university campus)