S1.3 Sexual Violence Policy

Part 2. Definitions. The following definitions apply to this Policy and Procedure 1B.3.1.

Subpart A. Sexual violence. A continuum of conduct that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.

Subpart B. Sexual assault. 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 St. Cloud Technical & Community College student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:

1. 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.

2. Involvement in any sexual act when the victim is unable to give consent.

3. 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).

4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

Subpart C. Dating, Intimate Partner and relationship violence. Violence including 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.

Subpart D. Stalking. Conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress.

Subpart E. Affirmative Consent. Consent is informed, freely given and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity. Consent must be present throughout the entire sexual activity and can be revoked at any time.  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 included conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence or resistance, or silence alone does not constitute consent, and past consent of sexual activities does not imply ongoing future consent. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

Subpart F. 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.

Subpart G. System property. The facilities and land owned, leased, or under the primary control of Minnesota State, its Board of Trustees, system office, colleges and universities.

Subpart H. Employee. Any individual employed by Minnesota State, its colleges and universities and system office, including student workers.

Subpart I. Student. All persons who:

1. Are enrolled in one or more courses, either credit or non-credit, through a college or university;

2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code;
3. Are not officially enrolled for a particular term but who have a continuing relationship with the college or university; or
4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
5. Are not college or university employees and are not enrolled in the institution but live in a college or university residence hall.

Part 3. Educational Training

St. Cloud Technical & Community College provides educational training to students and employees to promote the awareness of sexual violence offenses, including sexual violence prevention measures and procedures for responding to incidents;

1. St. Cloud Technical & Community College students receive annual sexual violence prevention training, designed by the system office to include the above elements through D2L.
2. St. Cloud Technical & Community College employees receive annual sexual violence prevention training, designed by the system office, to include the above elements through Enterprise Learning Management.

S1.3.1 Sexual Violence Procedure

Part 1. Procedure objective

This procedure is designed to further implement Minnesota State Board Policy 1B.3 prohibiting sexual violence. This procedure provides a process through which individuals alleging sexual violence may pursue a complaint.

This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal.

Part 2. Definitions

The definitions in Policy IB.3 and 1B.1 also apply to this procedure.

Campus security authority. Campus security authority includes the following categories of individuals at a college or university:

1. A college or university security department;
2. Any individuals who have campus security responsibilities in addition to a college or university security department;
3. Any individual or organization identified in a college or university security policy as an individual or organization to which students and employees should report criminal offenses;

An official of a college or university who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings; advisors to recognized student organizations, and athletic coaches. Professional counselors, whose official responsibilities include providing mental health counseling, and who are functioning within the scope of their license or certification are not included in this definition.

Complainant

An individual who is alleged to be the victim of conduct that could constitute sexual harassment (as defined by Title IX).

Educational program or activity

Includes locations, events, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment (as defined by Title IX) occurs, and also includes any building owned or controlled by any officially recognized student organization of the College.

Formal complaint

A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment (as defined by Title IX) against a respondent and requesting that the College investigate the allegation of sexual harassment.  At the time of filing the formal complaint of sexual harassment (as defined by Title IX), a complainant must be participating in or attempting to participate in the educational program or activity of the College with which the formal complaint is filed.

Respondent

An individual who has been reported to be the perpetrator of conduct what could constitute sexual harassment (as defined by Title IX).

Supportive measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal Title IX complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment.  Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus.  The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Title IX Coordinator

Employee(s) designated by the president to coordinate the College’s efforts to comply with its Title IX responsibilities and Minnesota State Board Policies 1B.1 and 1B.3  A campus can delegate Title IX responsibilities to, for example, a deputy or deputies, and/or an investigator.

Title IX sexual harassment

For purposes of Title IX, sexual harassment means conduct on the basis of sex that occurs in a college or university’s program or activity in the United States that satisfies one or more of the following:

1. An employee of the College conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
3. Sexual assault, dating, intimate partner and relationship violence; and stalking as defined in Board Policy 1B.3.

Part 3. Reporting incidents of sexual violence.

Subpart A. Prompt reporting encouraged. Complainants of sexual violence and sexual harassment (as defined by Title IX) may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.

Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, campus designated officers or Minnesota State campus security authorities for appropriate action.

Subpart B. Assistance in reporting. When informed of an alleged incident of sexual violence and harassment (as defined by Title IX), all Minnesota State students and employees are urged to encourage and assist complainants, as needed, to report the incident to local law enforcement, local victim/survivor services, Title IX Coordinator or campus security authorities.

St. Cloud Technical & Community College campus security authorities, when informed of an alleged incident of sexual violence and/or sexual harassment (as defined by Title IX), shall promptly assist the complainant, as requested, including providing guidance in filing complaints with outside agencies including law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with the Title IX Coordinator.

When appropriate, St. Cloud Technical & Community College may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard. St. Cloud Technical & Community College may take actions it deems necessary or appropriate in response to all protection, restraining or no contact orders.

Subpart C. Required Reports. Any campus security authority or any College employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence or sexual harassment (as defined by Title IX) must follow College’s procedures for making a report for the annual crime statistics report. In addition, the campus security authority of any College employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence or sexual harassment (as defined by Title IX) shall report to the Title IX Coordinator, in order to initiate any applicable investigative or other resolution procedures.

Campus security authorities may be obligated to report to law enforcement the fact that a sexual assault has occurred, but the name or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.

Subpart D. Mandatory reporting of abuse or neglect of children or vulnerable adults

Minnesota law provides special protection for children under 18 and vulnerable adults.  These laws, Minnesota Statutes sections 626.556 and 626.557, identify those who are mandated to report neglect or abuse of children under 18 and maltreatment of vulnerable adults.  Faculty, student teachers or clinical participants, day care personnel, and others involved in education or services to children or vulnerable adults may be considered mandated reporters under both of these laws.  Reports of abuse or neglect of a child or vulnerable adult, must be made to law enforcement or state or county social service agencies.

Part 4. Confidentiality of reporting.

Subpart A. Confidential reports. Because of laws concerning government data contained in Minnesota Statutes §13, the Minnesota Government Data Practices Act, colleges and universities cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed health care professionals. Some off­campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or health care professionals.

Part 5. Policy notices.

Subpart A. Distribution of policy to students. The College shall, at a minimum, at the time of registration make available to each student information about its sexual violence and sexual harassment (as defined by Title IX) policy and procedure, including its online reporting system that allows for anonymous reporting, and shall additionally post a copy of its policy and procedure at appropriate locations on campus and in appropriate handbooks at all times. The College may distribute its policy and procedure by posting on an Internet or Intranet Web site, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.

Subpart B. Distribution of policy to employees. The College shall make available to all employees a copy of its sexual violence and sexual harassment (as defined by Title IX) policy and procedure.

Distribution may be accomplished by posting on an Internet or Intranet Web site, provided all employees are directly notified of the exact address of the policy and procedure and that they may receive a paper copy upon request.

Subpart C. Required Notice. The College shall have a sexual violence and sexual harassment (as defined by Title IX) policy, which shall include the notice provisions in this part.

1. Notice of Title IX Coordinator. The College must notify applicants for admission and employment, students, employees, and all unions holding collective bargaining agreements with the College of the name or title, office address, electronic mail address and telephone number of the employee or employees designated as the Title IX Coordinator.
2. Notice of non-discrimination. The College must notify applicants for admission and employment, students, employees and all unions holding collective bargaining agreements with the College that the College does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by Title IX not to discriminate in such a manner.  Inquiries about the application of Title IX may be referred to the Title IX Coordinator and/or to the United States Department of Education.
3. Notice of complainant options. Following a report of sexual violence the complainant shall be promptly notified of:
   1. Where and how to obtain immediate medical assistance; complainants should be informed that timely reporting and a medical examination within 72 hours are critical in preserving evidence of sexual assault and proving a criminal or civil case against a perpetrator. Complainants should be told, however, that they may report incidents of sexual violence at any time.
   2. Where and how to report incidents of sexual violence to local law enforcement officials, and/or appropriate St. Cloud Technical & Community College contacts for employees, students and others. Such contacts should be identified by name, location and phone number for 24-hour availability, as applicable.
   3. Resources for where and how complainants may obtain on- or off-campus counseling, mental health or other support services.
4. Notice of complainant rights. Complainants shall be notified of the following:
   1. Their right to file criminal charges with local law enforcement officials in sexual assault cases;
   2. Rights under the crime victims bill of rights, Minnesota Statutes §611A.O1 - 611A.06, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety;
   3. Availability of prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and, at the direction of law enforcement authorities, assistance in obtaining, securing and maintaining evidence in connection with a sexual violence incident;
   4. Assistance available from campus authorities in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding;
   5. That complaints of incidents of sexual violence made to campus security authorities shall be promptly and appropriately investigated and resolved;
   6. That, at a sexual assault complainant's request, the College or system office may take action to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or a work site or to alternative college-owned housing, if such alternatives are available and feasible.
   7. Upon request, students who reported sexual assaults to the College and subsequently chose to transfer to another college or university will be provided with information about resources for victims of sexual assault at the college or university to which the complainant is transferring.

Part 6. Investigation and disciplinary procedures.

Subpart A. General Principles.

St. Cloud Technical & Community College investigation and disciplinary procedures concerning allegations of sexual violence and sexual harassment (as defined by Title IX) against employees or students must:

1. Be respectful of the needs and rights of individuals involved and treat them with dignity;
2. Not suggest the complainant was at fault for the sexual assault or should have behaved differently to prevent the assault;
3. Proceed as promptly as possible;
4. 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;
5. Afford Employees the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
6. Be conducted in accordance with applicable due process standards and privacy laws;
7. Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
8. Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy or code has been violated.

The past sexual history of the complainant and respondent shall be deemed irrelevant except as that history may directly relate to the incident being considered.

A respondent's use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.

Subpart B. Relationship to parallel proceedings. In general, College and system office investigation and disciplinary procedures for allegations of sexual violence and sexual harassment (as defined by Title IX) will proceed independent of any action taken in criminal or civil courts. St. Cloud Technical & Community College need not, and in most cases should not, delay its proceedings while a parallel legal action is on-going. If St. Cloud Technical & Community College is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for St. Cloud Technical & Community College procedures.

Subpart C. Memorandum of understanding with local law enforcement

St. Cloud Technical & Community College has entered into a memorandum of understanding with the St. Cloud Police Department. Prior to the start of each academic year, St. Cloud Technical & Community College shall distribute an electronic copy of the MOU to all employees on the campus that are subject to the memorandum.

Subpart D. False Statements Prohibited. St. Cloud Technical & Community College takes allegations of sexual violence and sexual harassment (as defined by Title IX) very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence or during the investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action.

Complaints of conduct that are found not to violate policy are not assumed to be false.

Subpart E. Sanctions

Sanctions that may be imposed if a finding is made that sexual violence and sexual harassment (as defined by Title IX) has occurred include, but are not limited to, discipline up to and including suspension, or expulsion of students, or discipline, up to and including termination from employment, as provided in the applicable bargaining agreement or compensation plan, for employees. The appropriate sanction will be determined on a case-by-case basis, taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.

Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by St. Cloud Technical & Community College or system office for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs.

Subpart F. Retaliation Prohibited

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.

Part 7. Investigation and Resolution

The St. Cloud Technical & Community College or system office has a duty to take timely and appropriate action to stop behavior prohibited by Board Policy 1B.3, conduct investigations and take appropriate action to prevent recurring misconduct.